City of Philadelphia v. Postal Telegraph Cable Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by B. S. Guernsey, the attorney for the defendant, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 30th day of March, 1895, requiring him to consent to the substitution of another attorney for the defendant in all actions in which he is such defendant’s attorney of record, and to deliver up all papers therein upon demand.
1Opinion of the Court
Rumsey, J.:
As Guernsey refused to take any steps or consent to a substitution in the action in which this motion was made, it is quite probable that had the order simply directed a substitution in that action, this court would not have interfered to modify its terms. (Tuck v. Manning, 53 Hun, 455.) But it went further and required Guernsey to dissolve his connection with the defendant in all actions in which he was its attorney, and give up the papers in those actions upon which he had a lien for his services. (McKibbin v. Nafis, 76 Hun, 344.) When the court undertook to do that it should…
2Cases cited2 opinions
- Tuck v. ManningNew York Supreme Court · 1889
- McKibbel v. NafisNew York Supreme Court · 1894
3Cited by3 opinions
- Yuengling v. BetzAppellate Division of the Supreme Court of the State of New York · 1901
- Doyle v. MayorNew York Supreme Court · 1899
- Hynes v. HawesAppellate Division of the Supreme Court of the State of New York · 1901