Haight v. Holcomb
New York Supreme Court
Motion to set aside an execution, and stay all proceedings on the judgment. The plaintiff recovered judgment in this action, arid thereupon agreed with the defendant to take his note in settlement. The plaintiff’s attorney then gave notice to the defendant that he claimed a lien upon the judgment for his services and disbursements, to the sum of $250, and that the note would not be received, but the judgment collected in full. He at the same time issued execution upon it.
Read the full summary
Motion to set aside an execution, and stay all proceedings on the judgment. The plaintiff recovered judgment in this action, arid thereupon agreed with the defendant to take his note in settlement. The plaintiff’s attorney then gave notice to the defendant that he claimed a lien upon the judgment for his services and disbursements, to the sum of $250, and that the note would not be received, but the judgment collected in full. He at the same time issued execution upon it. After both parties had notice of this claim of the plaintiff’s attorney they renewed their agreement respecting the…
1Opinion of the Court
By the Court.*—Gould, J.
—I am fully of opinion, that the order of the special term is right, in so far as it gives the attorney a lien (beyond the power of his client to release), on the judgment he has recovered; the Code not having done away with the right which existed prior to its enactment.
There seems to me, however, a much more serious question involved, where the extent or amount of the lien is to be ascertained. At the special term, it was held, that as the judgment debtor had (before settling with the plaintiff) notice that the attorney of the plaintiff claimed a lien on the judgment…
2Cited by6 opinions
- In re WilsonDistrict Court, S.D. New York · 1882
- Adams v. FoxNew York Supreme Court · 1863
- Gallison & Hobron Co. v. RawakCity of New York Municipal Court · 1889
- Porter v. ParmlyThe Superior Court of New York City · 1875
- Smith v. Central Trust Co.New York Surrogate's Court · 1886
1 more not listed; retrieve them via the Exa API.