Burpee v. Townsend
New York Supreme Court
Motion by the attorney for the plaintiff for leave to prosecute the action in aid of his lien for costs. His affidavit is that the plaintiff and defendant have settled the action, which is for damages for the alienation of the affections of the plaintiff’s wife by the defendant. Nothing was paid in settlement. The plaintiff simply withdrew his action.
1Opinion of the Court
Gaynób, J.:
The parties had the right to settle the action, and the attorney’s lien was subject to such right. The law encourages such settlements, and does not permit attorneys’ liens to stand in the way of them. It is said in some decisions that where the parties collusively settle the action so as to defraud the attorney, he will, on showing that fact, and that his client is worthless, be permitted to prosecute the action to judgment in order to establish his right against the opposite party under his lien. This is rather fanciful at best; but no such case is here presented. I see no use…
2Cited by2 opinions
- Baker v. TullockMontana Supreme Court · 1938
- Gooding v. LyonSupreme Court of Colorado · 1917