Greenfield v. Mayor of New York
New York Supreme Court
Appeal from an order of the Special Term overruling exceptions to 'the report of a referee, and ordering certain moneys to be paid over by the appellant’. The plaintiff and the Produce Bank, for and on whose behalf these actions were prosecuted, petitioned the court for an order substituting other attorneys in the place of their attorney, L. Liflin Kellogg, and for an order-that he turn over and deliver to the attorneys, so substituted in his place and stead, all of the…
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Appeal from an order of the Special Term overruling exceptions to 'the report of a referee, and ordering certain moneys to be paid over by the appellant’. The plaintiff and the Produce Bank, for and on whose behalf these actions were prosecuted, petitioned the court for an order substituting other attorneys in the place of their attorney, L. Liflin Kellogg, and for an order-that he turn over and deliver to the attorneys, so substituted in his place and stead, all of the papers in his hands pertaining to such actions. A dispute arose as to the amount of compensation Kellogg was entitled to for…
1Opinion of the Court
Daniels, J.:
“ I agree to this opinion, and merely add an authority appearing to sustain the conclusion that a formal judgment and execution to carry into effect the final order made were proper. The facts are not the same, but the principle maintained seems to be broad enough, to include this as well as the case to which it has been applied. The authority referred to is that of Austin v. Rawdon (42 N.Y. 155), and it sanctions the application of the only adequate remedy for enforcing an order which the court seems to have had the undoubted power to make in the case.”
Opinion by Davis, P. J.,…
2Cases cited1 opinion
- Austin v. . RawdonNew York Court of Appeals · 1870