Nicoll v. Nicoll
Court for the Trial of Impeachments and Correction of Errors
Appeal1 from chancery. The appellants held a judgment" "against the respondent for upwards of sixteen thousand dollars, rendered in 1829. In 1835, the respondent obtained a judgment against them for one hundred and sixty-six dollars and eighty-nine cents, the costs of an ejectment suit prosecuted by him against them.
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Appeal1 from chancery. The appellants held a judgment" "against the respondent for upwards of sixteen thousand dollars, rendered in 1829. In 1835, the respondent obtained a judgment against them for one hundred and sixty-six dollars and eighty-nine cents, the costs of an ejectment suit prosecuted by him against them. The appellants offered to allow the costs in part payment of the judgment in their favor, and required the respondent to give them a receipt for the same, which he refused to do. They thereupon filed a bill in chancery to set-off so much of their judgment as would satisfy the…
1Opinion of the Court
The following opinion was delivered :
By Mr. Justice Cowen,
The only question in this case is, whether the attorney had a lien upon the judgment which took preference of the right of set-off on the part of the defendants in the ejectment suit. The chancellor allowed the claim of the attorney, and denied the set-off. On a motion to the supreme court, the set-off would have been ordered without regard to the attorney’s claim. Such has been the practice from 1811, when Porter v. Lane was decided, 8 Johns. R. 357, until 1835. The People ex rel. Manning v. The New-York Com. Pleas, 13 Wendell, 649.…
2Cases cited3 opinions
- People ex rel. Manning v. New York C. P.New York Supreme Court · 1835
- Dunkin v. VandenberghNew York Court of Chancery · 1829
- Gridley v. Garrison & FormanNew York Court of Chancery · 1834
3Cited by39 opinions
- Beecher v. Peter A. Vogt Manufacturing Co.New York Court of Appeals · 1920
- Bowling Green Savings Bank v. . ToddNew York Court of Appeals · 1873
- People v. Lem YouCalifornia Supreme Court · 1893
- McDonald v. NapierSupreme Court of Georgia · 1853
- Perry v. . ChesterNew York Court of Appeals · 1873
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