Sherry v. Oceanic Steam Nav. Co.
U.S. Circuit Court for the District of Southern New York
This was an action by William Sherry against the Oceanic Steam Navigation Company, Limited, to recover damages for a personal injury. The plaintiff had agreed in writing to pay his attorney one-half of any money realized by judgment, settlement, or otherwise, stipulating that the agreement should be a lien on any such money.
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This was an action by William Sherry against the Oceanic Steam Navigation Company, Limited, to recover damages for a personal injury. The plaintiff had agreed in writing to pay his attorney one-half of any money realized by judgment, settlement, or otherwise, stipulating that the agreement should be a lien on any such money. After the commencement of the action it was settled between the parties, without the knowledge- of the attorneys on either side, by the payment of $100 by the defendant to the plaintiff. When the case appeared upon the calendar for trial, the defendant’s attorneys moved…
1Opinion of the Court
LACOMBE, Circuit Judge.
Plaintiff’s attorney had no lien at common law on the cause of action. Randall v. Van Wagenen, 115 N. Y. 527, 22 N. E. 361; Swanston v. Mining Co., 13 Fed. 215. His sole reliance is on the amendment passed in 1879 to' section 66 of the Code of Civil Procedure, an act which relates to state courts, officers of justice, and civil proceedings. Section 914 of the United States Revised Statutes does not operate tó import this act in its entirety into the federal system of jurisprudence. It simply undertakes to conform the federal practice, pleadings, and forms and modes of…
2Cases cited3 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Randall v. . Van WagenenNew York Court of Appeals · 1889
- Swanston v. Morning Star Mining Co.U.S. Circuit Court for the District of Colorado · 1882
3Cited by6 opinions
- Hale v. WhartonU.S. Circuit Court for the District of Western Missouri · 1896
- Strickland v. SellersDistrict Court, N.D. Texas · 1948
- National Cash-Register Co. v. LelandU.S. Circuit Court for the District of Massachusetts · 1896
- Ewing v. BurnhamU.S. Circuit Court for the District of Vermont · 1896
- Pettingill v. RiosDistrict Court, D. Puerto Rico · 1909
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