Barkley v. New York Cent. & H. R. Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Monroe county. Action by Orville M.-Barkley against the New York Central & Hudson River Railroad Company. Heard on motion by plaintiff to substitute Frank G. Sargent in place of S. K. & B. C. Williams, his attorneys. The motion was denied, and plaintiff appeals.
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Appeal from special term, Monroe county. Action by Orville M.-Barkley against the New York Central & Hudson River Railroad Company. Heard on motion by plaintiff to substitute Frank G. Sargent in place of S. K. & B. C. Williams, his attorneys. The motion was denied, and plaintiff appeals. Appeal from an order made at the Monroe special term in July, 1898, denying the plaintiff’s motion to substitute Frank C. Sargent as attorney in this action in the place of S. K. & B. C. Williams. Plaintiff, then an infant, was injured September 18, 1882, while in the employ of the defendant, near Fairport.…
1Opinion of the CourtHardin, P. J.
Upon the papers presented at the special term the plaintiff was entitled to an order of substitution upon payment or securing the attorneys’ fees, or unconditionally, if the court was of the opinion that the misconduct of the plaintiff’s attorneys had been such as to bring the case within the rule laid down in Re Prospect Ave., 85 Hun, 257, 32 N. Y. Supp. 1013. In delivering the opinion in that case, Pierce v. Waters, 10 Wkly. Dig. 432, was referred to with approbation so far as it states the rule, viz.:
“Upon an application by a party for substitution of another attorney in place of his…
2Cases cited2 opinions
- Deering v. SchreyerAppellate Division of the Supreme Court of the State of New York · 1898
- In re Prospect Ave.New York Supreme Court · 1895