Longyear v. Carter
New York Supreme Court
Appeal from Ulster county court. Action by Georgiana Longyear against Charles H. Carter. Prom an order vacating and setting aside an ex parte order of the county judge which dismissed the appeal to the county court from the final order of a justice of the peace in summary proceedings, plaintiff appeals.
1Opinion of the CourtHerrick, J.
We are of the opinion that no lien exists in this case, in favor of defendant’s attorney, that prevents a settlement between the parties. By chapter 542 of the Laws of 1879, section 66 of the Code of Civil Procedure was so amended as to give attorneys a lien upon their clients’ causes of action, before judgment, Avhich could not be affected by any settlement betAveen the parties. To bring himself within this section, the defendant’s attorney should have shown that the defendant had set forth a cause of action by way of a counterclaim in her ansAver to the plaintiff’s complaint. That is the…
2Cases cited3 opinions
- Randall v. . Van WagenenNew York Court of Appeals · 1889
- Bevins v. AlbroNew York Supreme Court · 1895
- Levis v. BurkeNew York Supreme Court · 1889