Crotty v. McKenzie
The Superior Court of New York City
Appeal by attorney for plaintiff. This is an appeal taken by plaintiff’s attorneys from an order made at special term setting aside an execution and levy made thereunder. •Execution was issued October 25, 1876. The judgment upon which it purported to be issued was satisfied óf record on October 17, 1876, and so marked upon the docket. Upon affidavit showing these facts, defendant moved to set aside the execution and levy.
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Appeal by attorney for plaintiff. This is an appeal taken by plaintiff’s attorneys from an order made at special term setting aside an execution and levy made thereunder. •Execution was issued October 25, 1876. The judgment upon which it purported to be issued was satisfied óf record on October 17, 1876, and so marked upon the docket. Upon affidavit showing these facts, defendant moved to set aside the execution and levy. Plaintiff’s attorneys opposed on the ground that they had a lien on the judgment for services rendered to the extent of $210.80, of which $160.80 were for taxable costs, and…
1Opinion of the Court
“Curtis, C. J.
The plaintiff recovered a judgment, August 31, 1876, for $278.80. The defendant appealed to the general term. The judgment included plaintiff’s taxed costs, $160.80, and $50 agreed by the plaintiff, to be paid to his attorney. The plaintiff and the. defendant’s attorneys entered into an arrangement by which the judgment was paid and satisfied October 17, 1876, without the knowledge of the plaintiff’s attorney. The latter, upon discovering it, issued an execution on the judgment, requiring the sheriff to levy the amount of his costs and counsel fee. The defendant now moves to…
2Cases cited19 opinions
- In Re PaschalSupreme Court of the United States · 1871
- Marshall v. . MeechNew York Court of Appeals · 1872
- Rooney v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1858
- Curtis v. InneraritySupreme Court of the United States · 1848
- Martin v. HawksNew York Supreme Court · 1818
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