Wilkins v. Batterman
New York Supreme Court
This was an action against the defendant, as sheriff of the county of Albany, for the negligent escape, from the jail limits, of one John Baker who had been arrested on a ca. sa. issued on a judgment for costs in a suit in which Baker was plaintiff and the above plaintiffs were defendants. The defence was, that Baker went beyond the liberties of the jail with the assent of Wilkins. The suit was brought by the attorneys of the above plaintiffs, for their own benefit.
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This was an action against the defendant, as sheriff of the county of Albany, for the negligent escape, from the jail limits, of one John Baker who had been arrested on a ca. sa. issued on a judgment for costs in a suit in which Baker was plaintiff and the above plaintiffs were defendants. The defence was, that Baker went beyond the liberties of the jail with the assent of Wilkins. The suit was brought by the attorneys of the above plaintiffs, for their own benefit. The cause was referred to three referees, who reported in favor of the defendant. It was proved that Baker, while he was on the…
1Opinion of the Court
By the Court, Paige, J.
An attorney has a lien on a judgment recovered by him for his costs. He is equitably entitled to the costs, as a compensation for bis labor and expense of prose*49cuting or defending the suit. He is regarded as an assignee of the judgment, to the extent of the costs included therein. (1 Paige, 626. 15 John. 406.) It has been repeatedly held
that if a defendant pay to the plaintiff the costs of the suit, after notice from the attorney of the plaintiff not to do so, he pays the costs in his own wrong. (Pinder v. Morris, 3 Caines, 165. 15 John. 406.) If the attorney is to be…
2Cases cited6 opinions
- Martin v. HawksNew York Supreme Court · 1818
- Nicoll v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1836
- Dunkin v. VandenberghNew York Court of Chancery · 1829
- Anderson v. Van AlenNew York Supreme Court · 1815
- Pinder v. MorrisNew York Supreme Court · 1805
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Rooney v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1858
- Continental Purchasing Co. v. Van Raalte Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Warfield v. CampbellSupreme Court of Alabama · 1863
- Able v. United StatesCourt of Appeals for the First Circuit · 1996
- Poughkeepsie Savings Bank v. R & G Sloane Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1981
11 more not listed; retrieve them via the Exa API.