In re the Final Judicial Settlement of the Account of Proceedings of Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by William A, Smith and Irving B. Coughtry, as executors etc., of Mathew W. Bender, deceased, and as legatees under the will of the said Mathew W. Bender, deceased, from an order of the Surrogate’s Court of the county of Albany, entered in said Surrogate’s Court on the 30th day of December, 1904, confirming the report of a referee, and directing that Bobert Gr.
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Appeal by William A, Smith and Irving B. Coughtry, as executors etc., of Mathew W. Bender, deceased, and as legatees under the will of the said Mathew W. Bender, deceased, from an order of the Surrogate’s Court of the county of Albany, entered in said Surrogate’s Court on the 30th day of December, 1904, confirming the report of a referee, and directing that Bobert Gr. Scherer and J. Murray Downs recover of said William A. Smith and Irving B. Coughtry, individually and as executors of said will, the amount found due them for services as attorneys and counsel and making the same a lien on the…
1Opinion of the Court
Chase, J.:
It is provided by section .66 of the Code of Civil Procedure as follows: “.The compensation of an attorney or counsellor for his *28services is governed by agreement, express or implied, which is not restrained by law. • From the commencement of an action or special proceeding, or the service of an answer containing a counter-u claim, the attorney who appears for a party has a lien upon his client’s cause of action, claim or counterclaim, which attaches to a verdict, report, decision, judgment or final order in liis client’s favor and the proceeds thereof in whosoever* hands they may…
2Cases cited9 opinions
- In the Matter of the Application of KnappNew York Court of Appeals · 1881
- In Re the Judicial Settlement of the Account of ReganNew York Court of Appeals · 1901
- Matter of KingNew York Court of Appeals · 1901
- Krone v. KlotzAppellate Division of the Supreme Court of the State of New York · 1896
- Shaffer v. BaconAppellate Division of the Supreme Court of the State of New York · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- In Re Estate of MathesonNew York Court of Appeals · 1934
- In re the Estate of ParsonsNew York Surrogate's Court · 1923
- In re RabellAppellate Division of the Supreme Court of the State of New York · 1916
- In re the Estate of LevineNew York Surrogate's Court · 1935
- In re the Estate of O'BrienNew York Surrogate's Court · 1933
15 more not listed; retrieve them via the Exa API.