Young v. Howell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Fred S. Howell, from an order of the County Court of Albany county, entered in the office of the clerk of the county of Albany on the 21st day of March, 1901, permitting plaintiff’s attorneys to prosecute this action to judgment, after settlement, for the purpose of enforcing their lien for costs under- section 66 of the Code of Civil Procedure.
1Opinion of the Court
Parker, P. J.:
The plaintiff was primarily liable to his attorneys for their services in commencing and prosecuting this action, and the lien which is given them by section 66 of the Code is given as a security only for such demand. The court will enforce such lien whenever it is necessary to do so in order to protect the attorney’s legal claims, but the client still has the unrestricted control of the subject of the action and the terms upon which the settlement may be made, and such a settlement is not affected by such section unless it operate to the prejudice of the attorney’s claim. Such…
2Cases cited1 opinion
- Lee v. Vacuum Oil Co.New York Court of Appeals · 1891
3Cited by4 opinions
- Cohn v. PolsteinNew York Supreme Court · 1903
- Corbit v. WatsonAppellate Division of the Supreme Court of the State of New York · 1903
- Dumowith v. MarksAppellate Terms of the Supreme Court of New York · 1903
- Witmark v. PerleyAppellate Terms of the Supreme Court of New York · 1904