Ackerman v. Ackerman
New York Court of Common Pleas
Appeal from an order denying a motion to set aside an execution, except on payment of the attorney’s lien. This action was brought by Peter J. Ackerman against John P. Ackerman, upon two bonds amounting to $4,200. Judgment was recovered in favor of the plaintiff, on failure to answer, on October 13, 1860, for $4,565.89, damages, and $17.73, costs.
Read the full summary
Appeal from an order denying a motion to set aside an execution, except on payment of the attorney’s lien. This action was brought by Peter J. Ackerman against John P. Ackerman, upon two bonds amounting to $4,200. Judgment was recovered in favor of the plaintiff, on failure to answer, on October 13, 1860, for $4,565.89, damages, and $17.73, costs. On October 15, 1860, the plaintiff’s attorney, Aaron P. Whitehead, Esq., caused notice to be served on the defendant to the effect that he had a lien upon the judgment for the costs and disbursements, and also for the additional sum of one hundred…
1Opinion of the Court
By the Court.*—Daly, F. J.
The execution was erroneous for two reasons. In the first place, there was no judgment upon which it could issue, the judgment having been satisfied in the *232mode pointed out by law (2 Rev. Stat., 362; same stat., 5 ed., vol. 3, 640); and in the second place, the fact that the attorney had a lien, and the amount of it had never been ascertained so as to entitle it to be enforced by execution.
The attorney’s remedy in the first instance was to move the court to vacate the satisfaction of the judgment; and that being done, he would then have been in a position to apply to…
2Cases cited5 opinions
- Rooney v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1858
- President of the Michigan State Bank v. HastingsMichigan Supreme Court · 1844
- Martin v. HawksNew York Supreme Court · 1818
- Stevens v. TownsendMichigan Supreme Court · 1843
- Scott v. ElmendorfNew York Supreme Court · 1815
3Cited by11 opinions
- Standidge v. Chicago Railways Co.Illinois Supreme Court · 1912
- Ward v. . CraigNew York Court of Appeals · 1882
- In re WilsonDistrict Court, S.D. New York · 1882
- Jones v. Duff Grain Co.Nebraska Supreme Court · 1903
- Bloch v. BlochAppellate Division of the Supreme Court of the State of New York · 1910
6 more not listed; retrieve them via the Exa API.