Hoes v. Halsey
New York Surrogate's Court
After the accounting in the above matter, which was litigated, had reached an advanced stage, it was announced by Hoes & Morgan, the attorneys for the executrix, that she desired to substitute another attorney in their place ; that they had no objection to such substitution being made, provided their charges against her were first paid. ' Affidavits were submitted on their behalf tending to show that they had rendered, before the commencement of this proceeding, many and…
Read the full summary
After the accounting in the above matter, which was litigated, had reached an advanced stage, it was announced by Hoes & Morgan, the attorneys for the executrix, that she desired to substitute another attorney in their place ; that they had no objection to such substitution being made, provided their charges against her were first paid. ' Affidavits were submitted on their behalf tending to show that they had rendered, before the commencement of this proceeding, many and valuable legal services for her, as counsel, in and about the management of the estate, and in conducting litigations for…
1Opinion of the Court
The Surrogate.
Section 2528 of the Code provides that a party of full age, etc., may prosecute or defend a special proceeding in this court, in person or by án attorney regularly admitted, etc., at Ms election, with certain exceptions. Section 2538 makes provision for the service of certain papers in Surrogates’ courts, upon attorneys, as provided by §§ 796-802. This court, being of record, and attorneys being thus authorized to practise therein, it is claimed that it is clothed with sufficient power over its suitors and their attorneys to prescribe the terms on which a change of attorneys may…
2Cases cited2 opinions
- Tompkins v. MosemanNew York Surrogate's Court · 1881
- Bulkley v. StaatsNew York Surrogate's Court · 1881
3Cited by1 opinion
- Knight v. HamakarOregon Supreme Court · 1901