Legal Opinion

Jenkins v. Williams

New York Supreme Court

Decided September 15, 1846PublishedCited by 2 opinions

Motion by defendant for a perpetual stay of execution, and that the judgment in this cause be set aside or satisfied. About the first of August, 1844, the defendant retained the plaintiff, as solicitor and counselor in chancery, to appear for him in a chancery suit.

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Motion by defendant for a perpetual stay of execution, and that the judgment in this cause be set aside or satisfied. About the first of August, 1844, the defendant retained the plaintiff, as solicitor and counselor in chancery, to appear for him in a chancery suit. The suit was commenced in the month of July, 1844, by Jane Williams (the wife of defendant), by Marcus Holmes, her next friend, by filing a bill of complaint against the defendant before the vice-chancellor of the fifth circuit, to obtain a separation from bed and board forever between her and the defendant, and for alimony.…

1Opinion of the Court

Bronson, Chief Justice.

As to the $500 counsel fee in the chancery suit, and the $100 for other business, the defendant was competent to judge for himself what were proper allowances ; and having settled and agreed on the amounts, with a full knowledge of all the facts, there is no ground on which the court can refer it to the vice chancellor, or any one else, to say what were the proper sums to be paid for those services.

*But, in relation to the sum which was allowed on the settlement as for taxable costs, the case is different.

The defendant was not competent to determine how much ought to be…

2Cited by2 opinions

  1. Boyd v. DailyAppellate Division of the Supreme Court of the State of New York · 1903
  2. Ransom v. RansomNew York Supreme Court · 1910

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