Cooper v. Cooper
Appellate Division of the Supreme Court of the State of New York
Appeal by Peter Eagan, a former attorney for the plaintiff, from an order of the Supreme Court, made at the Rew York Special Term and entered in the office of the clerk of the county óf Rew York on the 22d day of April, 1899, modifying the final judgment entered in the action by reducing the amount of the. extra allowance awarded to him from $2,000 to $200, and also from an order entered in said clerk’s office on the 22d day of .May, 1899, directing him to make restitution…
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Appeal by Peter Eagan, a former attorney for the plaintiff, from an order of the Supreme Court, made at the Rew York Special Term and entered in the office of the clerk of the county óf Rew York on the 22d day of April, 1899, modifying the final judgment entered in the action by reducing the amount of the. extra allowance awarded to him from $2,000 to $200, and also from an order entered in said clerk’s office on the 22d day of .May, 1899, directing him to make restitution of the excess of an extra allowance granted to him, preserving his lien. Also, an appeal by the defendants, George W.…
1Opinion of the Court
Hatch, J.:
This action was brought by one of the heirs of George W. Coóper for a partition and sale of certain premises in which the parties to the action were interested. The action proceeded to final .judgment, under which a sale of the premises was ordered. Upon the application for final judgment the court made an extra allowance, in addition to the taxable costs and disbursements, to the plaintiff’s attorney of $2,000. Subsequently the present attorney became substituted as attorney for the plaintiff herein, and thereupon made a motion to modify the judgment by reducing the extra allowance…
2Cases cited3 opinions
- In Matter of City of BuffaloNew York Court of Appeals · 1879
- In the Matter of H____, an AttorneyNew York Court of Appeals · 1882
- Barkley v. New York Centrall & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by4 opinions
- Schorner v. SchornerNew York Supreme Court · 1985
- Cohn v. PolsteinNew York Supreme Court · 1903
- In re Majority of the Board of Directors of Automatic Chain Co.New York Supreme Court · 1909
- Hoffstaetter v. SchinkelAppellate Division of the Supreme Court of the State of New York · 1915