Wright v. Cobleigh
Superior Court of New Hampshire
Assumpsit. The action was referred to an auditor, by whose report, it appeared, that the defendant claimed, as a part of his set-off, the balance of a judgment against the plaintiff. Upon this judgment, Mr. Duncan, one of the attorneys of the Court, claimed a lien for his costs, and also for commissions upon the amount recovered, and these claims were allowed by the auditor.
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Assumpsit. The action was referred to an auditor, by whose report, it appeared, that the defendant claimed, as a part of his set-off, the balance of a judgment against the plaintiff. Upon this judgment, Mr. Duncan, one of the attorneys of the Court, claimed a lien for his costs, and also for commissions upon the amount recovered, and these claims were allowed by the auditor. By the assent of the parties, the auditor took into consideration certain claims existing between the parties, which were not included in the writ or set-off. Before the hearing was concluded and the report made, the…
1Opinion of the CourtBell, J.
In Dennet v. Cutts, 11 N. H. Rep. 163, it was decided, that an attorney has a hen upon the papers and documents of his client, which have come into his hands in the course of his professional employment, for the general balance due him. In this case no hen attaches, until the chent’s papers come into the attorney’s hands, (St. John v. Diefendorf, 12 Wend. 261,) and in the course of his professional business. Stevenson v. Blakelock, 1 Maule & Selw. 535. And as, hke other common-law hens, it rests upon possession, such hen is lost, whenever the holder voluntarily gives up the possession.
This…
2Cases cited8 opinions
- St. John v. DiefendorfNew York Supreme Court · 1824
- Shapley v. BellowsSuperior Court of New Hampshire · 1828
- People v. HardenberghNew York Supreme Court · 1811
- Merrill v. RussellSuperior Court of New Hampshire · 1841
- Perley v. BrownSuperior Court of New Hampshire · 1842
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