Lee v. Vacuum Oil Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made the last Tuesday of March, 1891, which modified, and affirmed as modified, an order of Special Term granting a motion vacating and setting, aside a settlement of the above entitled action and the satisfaction of the judgment therein.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made the last Tuesday of March, 1891, which modified, and affirmed as modified, an order of Special Term granting a motion vacating and setting, aside a settlement of the above entitled action and the satisfaction of the judgment therein. The facts, so far as material, are stated in the opinion The effect of the sixty-sixth section of the Code of Civil Procedure is not to •give the plaintiff’s attorney such an interest in the cause of action that the plaintiff cannot control the same. If so, it makes…
1Opinion of the Court
Huger, Ch. J.
This is an appeal from an order of the General Term, substantially affirming an order of the Special Term, which vacated the satisfaction of a judgment, given upon a settlement of the cause of action, in a suit to recover damages for the negligent killing of the plaintiff’s intestate by the defendant. The motion was originally made on behalf of the plaintiff and also her attorneys, and the satisfaction of the judgment was vacated by the Special Term absolutely, so far as the attorneys were concerned, and as to the plaintiff, upon the condition that she should, within ten days,…
2Cases cited5 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Randall v. . Van WagenenNew York Court of Appeals · 1889
- Pulver v. . HarrisNew York Court of Appeals · 1873
- Coughlin v. New York Central & Hudson River RailroadNew York Court of Appeals · 1877
3Cited by35 opinions
- Matter of SnyderNew York Court of Appeals · 1907
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- In re Baxter & Co.Court of Appeals for the Second Circuit · 1907
- Poole v. . BelchaNew York Court of Appeals · 1892
- Matter of LevyNew York Court of Appeals · 1928
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