In re Mitchell
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioners, Charles L. Mitchell and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings .on the 9th day of October, 1900, denying their motion for a substitution of attorneys in the proceeding.
1Opinion of the Court
Goodrich, P. J.:
In proceedings for leave to sell real property, the petitioners had retained John L. Linehan, Esq,, as their attorney. They were desirous of substituting other attorneys in his place, and made a motion for such substitution without alleging any misconduct on his part. The court denied the motion and the petitioners appeal. In their brief they cite well-known authorities, which declare the absolute right of clients to change their attorneys at their pleasure.
There is a distinction between cases where a motion of this char- ' acter is based on the misconduct of the attorney and…
2Cases cited1 opinion
- In re the Board of Street Opening & ImprovementAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- State ex rel. Davis v. District Court of the Second Judicial DistrictMontana Supreme Court · 1904
- Hynes v. HawesAppellate Division of the Supreme Court of the State of New York · 1901
- In re Application of Department of Public WorksAppellate Division of the Supreme Court of the State of New York · 1901