Legal Opinion

Dunn v. Hudson River Electric Co.

New York Court of Appeals

Decided May 14, 1912PublishedCited by 99 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered February 11, 1911, which affirmed an order of Special Term granting a motion for substitution of attorneys in a suit pending and directing that all the pleadings and papers in said action be turned over to the attorneys substituted. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered February 11, 1911, which affirmed an order of Special Term granting a motion for substitution of attorneys in a suit pending and directing that all the pleadings and papers in said action be turned over to the attorneys substituted. The facts, so far as material, are stated in the opinion. The exercise of the right inherent in an attorney to say that he will not act for certain persons, does not work forfeiture of his rights, nor of his property, nor compel him to surrender to the…

1Opinion of the CourtHiscock, J.

At sometime one Hebert, as administratrix, brought an action against the Hudson River Electric Company to recover damages for the alleged negligent killing of her husband. The appellant Brackett appeared as attorney for the defendant in said action. It was tried and a verdict recovered by the plaintiff which thereafter was set aside and a new trial granted by an order which on appeal was affirmed by the Appellate Division.

While the action was in the condition left by said last-mentioned order an order was made in the Circuit Court of thellnited States, which, after reciting that said…

2Cases cited5 opinions

  1. In Re PaschalSupreme Court of the United States · 1871
  2. Tenney v. . BergerNew York Court of Appeals · 1883
  3. In Re Niagara, Lockport & Ontario Power Co.New York Court of Appeals · 1911
  4. Powers v. ManningMassachusetts Supreme Judicial Court · 1891
  5. Avery v. JacobThe Superior Court of the City of New York and Buffalo · 1891

3Cited by99 opinions

  1. Martin v. . CampNew York Court of Appeals · 1916
  2. Matter of CoopermanNew York Court of Appeals · 1994
  3. Gair v. PeckNew York Court of Appeals · 1959
  4. Robinson v. . RogersNew York Court of Appeals · 1924
  5. In Re the Estate of MontgomeryNew York Court of Appeals · 1936

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