Crotty v. MacKenzie

The plaintiff recovered judgment August 31, 1876, for $273.80. The defendant appealed to the general term. The judgment included plaintiff’s taxed costs, $160.80, and fifty dollars agreed by the plaintiff to be paid to his attorney. The plaintiff and the defendant’s attorneys entered into an arrangement by which the judgment was paid and satisfied October 17, 1876,-without the knowledge of the plaintiff’s attorney. The latter, upon discovering it, issues- an execution on the judgment,- requiring the sheriff to levy the amount of his costs and counsel fee. The defendant, now moves to vacate…