St. John v. Diefendorf
New York Supreme Court
An execution was issued in this case for the damages and costs, for which judgment had been recovered. The attorneys for the plaintiff gave notice to the defendant to pay the damages, as well.as costs, to them.
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An execution was issued in this case for the damages and costs, for which judgment had been recovered. The attorneys for the plaintiff gave notice to the defendant to pay the damages, as well.as costs, to them. After, the execution was issued, and subsequent to the notice, the plaintiff, gave a receipt for the amount of the damages to the defendant, who tendered the costs to the attorneys and paid the sheriff’s fees, and now asked for a rule that the execution be returned satisfied. The motion was opposed by the attorneys, on the ground that they had a demand against their client for costs in…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The question is, whether an attorney has a lien upon his client’s money, before it comes into his hands, to satisfy a demand he has against his client ' for costs in other suits. It is admitted that no adjudged case has been found establishing such lien. He has a lien after notice for his own costs, while they are in the hands of the defendant, but not for a debt due to him from his client, unless it has been assigned to him. It is true, that an attorney has a lien upon his client’s papers; but he has no lien upon any thing which belongs to his client, until it is…
2Cited by24 opinions
- Williams v. . IngersollNew York Court of Appeals · 1882
- Goodrich v. . McDonaldNew York Court of Appeals · 1889
- McDonald v. NapierSupreme Court of Georgia · 1853
- Sanders v. SeelyeIllinois Supreme Court · 1889
- Stewart v. FlowersMississippi Supreme Court · 1870
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