Phillips v. Stagg
New York Court of Chancery
Judgments’ at law had been- obtained by the complainants respectively against the defendant Abraham Stagg. TheLtter had recovered a judgment against his co-defendant Graham, and the bills in the above causes were filed to prevent the same being collected by Stagg, but so that theamoun^ 0f them might be applied in liquidation of the several debts due the complainants.
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Judgments’ at law had been- obtained by the complainants respectively against the defendant Abraham Stagg. TheLtter had recovered a judgment against his co-defendant Graham, and the bills in the above causes were filed to prevent the same being collected by Stagg, but so that theamoun^ 0f them might be applied in liquidation of the several debts due the complainants. Prior to the recovery of the judgment against Graham, the-defendant Abraham Stagg had given the following order upon the attorney he employed in the action: “ New York, February 22di 1830. “ Dlrs. 303 75-100. “Pay to Maturin…
1Opinion of the Court
The Vice-Chancellor.
The gentleman who acted as counsel for the defendant Abraham Stagg, in the action against Graham, has no lien for his counsel fee upon the money recovered. He cannot insist upon it merely because he performed the service.
But the attorney in the action has a lien for the taxable costs included in the judgment; and has a right to the same out of the monéy when received, in preference to the creditors of his client who have filed these creditor-bills: Ex parte Moule, 5 Madd. 462. And yet the attorney’s lien is not to extend beyond the costs in this action. He cannot claim the…
2Cited by10 opinions
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- National Exchange Bank v. McLoonSupreme Judicial Court of Maine · 1882
- McDaniel v. MaxwellOregon Supreme Court · 1891
- In re WilsonDistrict Court, S.D. New York · 1882
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