In re Bender's Will
Appellate Division of the Supreme Court of the State of New York
Appeal from Surrogate’s Court, Albany County. In the matters of the judicial settlement of the account of William A. Smith and another, as executors of Mathew W. Bender, deceased, and of the application of Robert G. Scherer and another, constituting the firm of Scherer and Downs, to have a lien for their services as attorneys determined and enforced, and of the application of the executors to substitute Dyer and Ten Eyck, as attorneys in the place of Scherer and Downs.
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Appeal from Surrogate’s Court, Albany County. In the matters of the judicial settlement of the account of William A. Smith and another, as executors of Mathew W. Bender, deceased, and of the application of Robert G. Scherer and another, constituting the firm of Scherer and Downs, to have a lien for their services as attorneys determined and enforced, and of the application of the executors to substitute Dyer and Ten Eyck, as attorneys in the place of Scherer and Downs. From an order of the Surrogate’s Court affirming a report of a referee, and directing that Scherer and Downs recover from…
1Opinion of the CourtChase, J.
It is provided by section 66 of the Code of Civil Procedure as follows:
“The compensation of an attorney or counselor for his services is governed by agreement express, or implied, which is not restrained by law. From the commencement of an action or special proceeding, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client’s cause of action, claim or counterclaim, which attaches to a verdict, report, decision, judgment or final order in his client’s favor and the proceeds thereof in whosoever hands they may come; and the lien…
2Cases cited14 opinions
- Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
- In the Matter of the Application of KnappNew York Court of Appeals · 1881
- In Re the Accounting of FitzsimonsNew York Court of Appeals · 1903
- In Re the Judicial Settlement of the Account of ReganNew York Court of Appeals · 1901
- Matter of KingNew York Court of Appeals · 1901
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3Cited by1 opinion
- In re WhiteNew York Surrogate's Court · 1917