Bevins v. Albro
New York Supreme Court
Appeal from special term, Warren county. Two actions by Stanley H. Bevins against Annie Albro. Both actions were brought for the same cause of action, viz. for the services and disbursements of plaintiff as attorney for said Annie Albro in an action wherein one Sheehy was defendant and said Albro plaintiff.
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Appeal from special term, Warren county. Two actions by Stanley H. Bevins against Annie Albro. Both actions were brought for the same cause of action, viz. for the services and disbursements of plaintiff as attorney for said Annie Albro in an action wherein one Sheehy was defendant and said Albro plaintiff. In action No. 1 a judgment for costs was rendered against plaintiff, amounting to §81.80; in the other action, No. 2, judgment was rendered in his favor for $163.55 damages and costs. An order was entered staying all proceedings on an execution heretofore issued by defendant in action No.…
1Opinion of the CourtHerrick, J.
We have heretofore held that the costs recovered in an action belong to the attorney, without any assignment; and that the claim of the attorney thereto is superior to the right of the adverse party in the action to set off claims against the successful party. Delaney v. Miller, 84 Hun, 244, 32 N. Y. Supp. 505. A distinction is sought to be made between an attorney for a plaintiff and an attorney for a defendant, where no counterclaim is contained in the answer. And it is claimed that under section 66 of the Code of Procedure attorneys for defendant only have liens for costs, or are entitled…
2Cases cited3 opinions
- Marshall v. . MeechNew York Court of Appeals · 1872
- Delaney v. MillerNew York Supreme Court · 1895
- Levis v. BurkeNew York Supreme Court · 1889
3Cited by12 opinions
- Barry v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- In re the Judicial Settlement of the Estate of TierneyNew York Surrogate's Court · 1914
- Skinner v. BusseNew York Supreme Court · 1902
- Agricultural Insurance v. SmithAppellate Division of the Supreme Court of the State of New York · 1906
- Barry v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
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