McCabe v. Fogg

Under the old Oode the lien of an attorney for compensation did not exist before verdict or judgment, except on the papers in his hands. It was only in the case of a settlement privately effected between the parties with the design of defrauding the attorney that the court could, as shown in Dietz agt. McCallum (44 How., 493), and the cases therein referred to, insist upon the payment to him of a least the taxable costs, before granting a discontinuance or leave to serve supplemental answer showing settlement. The Oode of Civil Procedure, as originally passed, did not change the law upon this…