Power v. Kent
New York Supreme Court
Assumpsit : 1. On judgments in the Court of Common Pleas in Crawford county, Pennsylvania ; 2. The money counts. A demurrer to the counts upon the judgments had been determined in favour of the defendants, in- January . . _ - . mi _ . __ 7. « term, 1831. 1 he venue was laid in Marnson, and issue oí non assumJs^rim^ joined on the money counts, in October term, 1820. These were shown to he mere form, however, and whole cause of action had been disposed of by the demurrer.
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Assumpsit : 1. On judgments in the Court of Common Pleas in Crawford county, Pennsylvania ; 2. The money counts. A demurrer to the counts upon the judgments had been determined in favour of the defendants, in- January . . _ - . mi _ . __ 7. « term, 1831. 1 he venue was laid in Marnson, and issue oí non assumJs^rim^ joined on the money counts, in October term, 1820. These were shown to he mere form, however, and whole cause of action had been disposed of by the demurrer. The Madison Circuit, for 1821, passing, without the cause being noticed for trial, the plaintiff’s attorney slipulated to…
1Opinion of the Court
Curia.
The whole cause of action is disposed of by the demurrer ; and the question is reduced to one of costs alone. The attorney for the' defendants has a right to be protected against any settlement of those costs between his clients and the plaintiff This is always the case when he is entitled .to cost's against the opposite party, and gives, as in this instance, actual notice of his claim, at the same time forbidding an interference.with it by the parties. He has a lien on the ’costs, and stands in the light of an assignee. (Martin v. Hawks, 15 John. 405.) As no settlement can be made, or…
2Cases cited1 opinion
- Martin v. HawksNew York Supreme Court · 1818
3Cited by8 opinions
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- National Exhibition Co. v. CraneAppellate Division of the Supreme Court of the State of New York · 1900
- Hunt v. McClanahanTennessee Supreme Court · 1870
- Young v. DearbornSuperior Court of New Hampshire · 1853
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