Peck v. Acker
New York Supreme Court
In this case, which is an action of replevin against the defendant as sheriff of the city and county of New-York, for taking certain property on an execution issued in favor of Gardner Gallup, an application was made in behalf of the plaintiff in the execution, that he be permitted to defend the action by a certain law firm in the city of New-York as his attorneys, and that they be substituted as such attorneys for JV*. B. Blunt, Esq. who had been employed by the sheriff to…
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In this case, which is an action of replevin against the defendant as sheriff of the city and county of New-York, for taking certain property on an execution issued in favor of Gardner Gallup, an application was made in behalf of the plaintiff in the execution, that he be permitted to defend the action by a certain law firm in the city of New-York as his attorneys, and that they be substituted as such attorneys for JV*. B. Blunt, Esq. who had been employed by the sheriff to conduct the defence of the suit, and had given notice of retainer to the plaintiff’s attorney; who, in consequence of…
1Opinion of the Court
By the Court, Nelson, C. J.
We are inclined to think the sheriff should be allowed to retain the attorney. Notwithstanding the indemnity, he is still interested in the management of the defence, both as to the amount in controversy and the time when it shall terminate. . A protracted litigation may increase the contingencies as to8the ultimate sufficiency of the security, and am omission properly to defend may swell the recovery far beyond the amount contemplated when the surety was taken." As a general rule the party to the record, and immediately liable for the result of the litigation,…
2Cited by6 opinions
- Hayes v. . DavidsonNew York Court of Appeals · 1885
- Dane v. CorduanCalifornia Supreme Court · 1864
- McIntyre v. Kennedy, Childs & Co.Supreme Court of Pennsylvania · 1857
- Stewart v. LapsleySupreme Court of Louisiana · 1852
- Hayes v. DavidsonNew York Court of Appeals · 1885
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