Brown v. Mayor of New York
New York Supreme Court
Appeax from an order confirming tbe report of a referee. Tbe reference was ordered to determine tbe extent of tbe lien of tbe attorneys of tbe plaintiffs’ testator upon a judgment recovered in tbis action.
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Appeax from an order confirming tbe report of a referee. Tbe reference was ordered to determine tbe extent of tbe lien of tbe attorneys of tbe plaintiffs’ testator upon a judgment recovered in tbis action. A number of other motions relating to tbis reference and tbe appeal from tbe order confirming tbe report, were considered and decided at tbe January term, tbe decision being reported in 16 Supreme Court Reports (9 Hun), 587. Devebn & Miller were tbe attorneys of Jobn L. Brown, wbo was largely engaged as contractor in carrying on pubbc works for tbe city. Yery large amounts being due upon…
1Opinion of the Court
Davis, P. J.:
In an action between these same parties, lately decided, we held that the questions touching an attorney’s hen, and his rights under an equitable assignment for tbe payment of bis costs and compensation, might be beard and determined upon petition and reference, as was done in tbis case. That question is no longer an open one in tbis court. (Rooney v. Second Av. R. R. Co., 18 N. Y., 368; McGregor v. Comstock, 28 id., 231; 3 id., 211; Richardson v. R. R. Co., 7 Hun, 69; opinion of Davis, P. J., in Brown v. The Mayor, 9 Hun, 581.)
No objections were taken to any portion of tbe…
2Cases cited9 opinions
- Rooney v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1858
- Martin v. HawksNew York Supreme Court · 1818
- Pulver v. . HarrisNew York Court of Appeals · 1873
- Dorsey v. PackwoodSupreme Court of the United States · 1852
- Shank v. . ShoemakerNew York Court of Appeals · 1859
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