Legal Opinion

Weynberg v. Downey

New York Supreme Court

Decided January 29, 1941PublishedCited by 3 opinions

1Opinion of the CourtFawcett, J.

The action is for mortgage foreclosure and one of the defendants owning a quarter interest in the property is in the United States military service. Under section 200 of the Soldiers’ and Sailors’ Civil Relief Act of 1940 (U. S. Code, tit. 50, Appendix, § 520), the court appointed an attorney to represent this defendant “ and protect his interest ” as the law provides. The question presented is whether the appointed attorney may be awarded compensation for his services. It is agreed that the act does not specifically or expressly mention the matter of compensation, being similar in that…

2Cases cited2 opinions

  1. In re the Final Judicial Settlement of the Accounts of RobinsonAppellate Division of the Supreme Court of the State of New York · 1899
  2. Davison v. LynchNew York Supreme Court · 1918

3Cited by3 opinions

  1. Briner v. BrinerCalifornia Court of Appeal · 1943
  2. United States v. HenaganDistrict Court, M.D. Alabama · 1982
  3. Dorsey v. McClainCourt of Special Appeals of Maryland · 1989

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