Smith v. Acker Process Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Acker Process Company, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Niagara on the 2.4th day of October, 1904, permitting the continuance of the action for the purpose of determining and enforcing the lien of plaintiff’s attorneys for services, .u
1Opinion of the Court
Williams, J.:
The order appealed from should be reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, with leave to plaintiff’s attorneys to apply to the court upon petition to determine and enforce their lien for compensation for services under section 66 of the Code of Civil Procedure upon payment of the foregoing costs. The action is to restrain the creation and continuance of a nuisance and for damages occasioned by such nuisance. It was commenced in August, 1902, and issue was joined in September, 1902. December 8,1902, plaintiff conveyed her…
2Cases cited2 opinions
- Matter of KingNew York Court of Appeals · 1901
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- Tynan v. Auto MartNew York Supreme Court · 1907
- Russo v. DarmstadtAppellate Division of the Supreme Court of the State of New York · 1907
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