Schell v. Mayor of New York
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made December 29, 1890, which reversed an order of the Special Term and denied the application of the petitioner. The nature of the proceeding and the facts, so far as material, are stated in the opinion. In this case Mr. Hargous acted solely as an officer of the court and the remedy invoked is proper. (In re Paschal, 10 Wall. 491; In re Aitkin, 4 B. & A. 47; U. S. v. Anon, 21 Fed.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made December 29, 1890, which reversed an order of the Special Term and denied the application of the petitioner. The nature of the proceeding and the facts, so far as material, are stated in the opinion. In this case Mr. Hargous acted solely as an officer of the court and the remedy invoked is proper. (In re Paschal, 10 Wall. 491; In re Aitkin, 4 B. & A. 47; U. S. v. Anon, 21 Fed. Rep. 471; B. G. S. Bank v. Tood, 52 N. Y. 489; Foster v. Townsend, 2 Abb. Pr. 243; 87 N. Y. 524.) Even if the petitioner…
1Opinion of the CourtO’Brien, J.
The petitioner is the assignee of Robert Schell who recovered a judgment against the major, etc., of the city of Hew York on the 25th of July, 1885, for $5,507.16. He states- in his petition that the whole amount of this judgment was paid over in the month of August, 1885, by the defendant in the action, to Peter A. Hargous, the attorney for the plaintiff and who prosecuted the claim. It appears that the attorney was to receive and retain, as compensation for his services in the action, a certain percentage of the recovery. The petitioner admits that the sum was to be twenty-five per cent and…
2Cases cited1 opinion
- Bowling Green Savings Bank v. . ToddNew York Court of Appeals · 1873
3Cited by29 opinions
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- Akers v. AkersSupreme Court of Minnesota · 1951
- In re AndersonNew York Surrogate's Court · 1930
- Matter of LongNew York Court of Appeals · 1942
- In Re Niagara, Lockport & Ontario Power Co.New York Court of Appeals · 1911
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