Legal Opinion

Marshall v. . Meech

New York Court of Appeals

Decided September 5, 1872PublishedCited by 90 opinions

Appeal from order of the General Term of the Superior Oourt of the city of Buffalo, affirming an order of the Special Term denying a motion made by H. G. Day, the attorney of record for the plaintiff, for an order of the court setting aside or vacating the satisfaction of the judgment in the action to the extent of his interest as attorney in the judgment, and for leave to issue execution on the judgment for that amount.

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Appeal from order of the General Term of the Superior Oourt of the city of Buffalo, affirming an order of the Special Term denying a motion made by H. G. Day, the attorney of record for the plaintiff, for an order of the court setting aside or vacating the satisfaction of the judgment in the action to the extent of his interest as attorney in the judgment, and for leave to issue execution on the judgment for that amount. H. 0. Day, the attorney, is the present appellant, and the defendants are the respondents. The material facts are as follows: Marshall, the plaintiff, had a claim against the…

1Opinion of the Court

Earl, C.

The appellant made the motion to set aside the satisfaction of the judgment in this action to the extent of his interest therein as attorney for plaintiff, and also for leave to issue execution on the judgment to collect his interest therein. The motion was denied at the Special Term, and the order of the Special Term was affirmed at General Term. Ho opinion was written at either term, and we are, therefore, without the precise grounds upon which the relief was denied.

It has long been settled that an attorney has a lien for his costs and compensation upon the judgment recovered by…

2Cases cited1 opinion

  1. Rooney v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1858

3Cited by90 opinions

  1. Bannon v. BannonNew York Court of Appeals · 1936
  2. Goodrich v. . McDonaldNew York Court of Appeals · 1889
  3. Beecher v. Peter A. Vogt Manufacturing Co.New York Court of Appeals · 1920
  4. In the Matter of the Application of KnappNew York Court of Appeals · 1881
  5. In Re the Judicial Settlement of the Account of ReganNew York Court of Appeals · 1901

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