Trustees of Watertown v. Cowen & Bagg
New York Court of Chancery
This was an appeal from the taxation of the vice chancellor of the fifth circuit, of an examiner’s bill, against the solicitor of the defendants. The solicitor resisted the taxation of the whole bill as against him, on the ground that he was not answerable to the examiner for his fees. He also objected that if he was bound to pay the examiner’s fees for services performed for him as solicitor, he was not liable for the cross-examination of the complainants’ witnesses.
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This was an appeal from the taxation of the vice chancellor of the fifth circuit, of an examiner’s bill, against the solicitor of the defendants. The solicitor resisted the taxation of the whole bill as against him, on the ground that he was not answerable to the examiner for his fees. He also objected that if he was bound to pay the examiner’s fees for services performed for him as solicitor, he was not liable for the cross-examination of the complainants’ witnesses. The vice chancellor decided both questions against the solicitor, on the tax-» ation; and from this decision of the taxing…
1Opinion of the Court
The Chancellor.
It appears to have been the uniform ■ practice in this state for the sheriffs, clerks, masters, registers, and other officers of the several courts of record, to charge their fees to the attorney or solicitor of the party for whose' benefit the services are performed; and there are no good-reasons for distinguishing the case of an examiner from that of any other officer of the court, in this respect. From the uniform practice on this subject, there is an implied" assumpsit by the attorney or solicitor, to pay for the services done for hie *511client in the cause, by his express or…
2Cited by13 opinions
- Rosen v. WolffSupreme Court of Georgia · 1922
- Campbell v. . CothranNew York Court of Appeals · 1874
- Judson v. . GrayNew York Court of Appeals · 1854
- Gadski-Tauscher v. GraffNew York Supreme Court · 1904
- Berhaus v. GeorgeannaDistrict Court, S.D. New York · 1887
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