Wright v. . Wright
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York, affirming an order of Special Term directing a discontinuance of this action on payment by the defendant of plaintiff’s costs and disbursements to be taxed. The facts sufficiently appear in the opinion. The order of discontinuance should have provided for ascertaining the amount and ■ for payment of the claim of plaintiff’s attorney for services.
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Appeal from order of the General Term of the Superior Court of the city of New York, affirming an order of Special Term directing a discontinuance of this action on payment by the defendant of plaintiff’s costs and disbursements to be taxed. The facts sufficiently appear in the opinion. The order of discontinuance should have provided for ascertaining the amount and ■ for payment of the claim of plaintiff’s attorney for services. (Welsh v. Hole, 1 Doug., 238; Reed v. Duffer, 6 T. R., 361. Martin v. Hawks, 15 J. R., 405; Brandt v. Koon, 4 Cow., 416; Power v. Kent, 1 id., 174; Shackleton v.…
1Per curiam
The plaintiff commenced this action against the defendant, and it was put at issue and referred. After one brief hearing before the referee, the defendant settled with the plaintiff, and the plaintiff gave him a release of the cause of action, and an agreement that the action be discontinued, without costs. Upon plaintiff’s attorney thereafter attempting to proceed with the trial of the action, the defendant made a motion at Special Term for an order discontinuing the action. This motion was resisted by plaintiff’s attorney upon affidavits showing that before he commenced the action, it was…
2Cases cited2 opinions
- Pulver v. . HarrisNew York Court of Appeals · 1873
- Shank v. . ShoemakerNew York Court of Appeals · 1859
3Cited by5 opinions
- Eberhardt v. SchusterNew York Supreme Court · 1879
- Gauche v. MilbrathWisconsin Supreme Court · 1900
- Tullis v. BushnellNew York Court of Common Pleas · 1883
- In re HoytNew York Surrogate's Court · 1887
- Naylor v. LaneThe Superior Court of New York City · 1884