Matter of Hollins
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 17,1909, which affirmed an order of Special Term directing the appellant herein to turn over certain papers to the petitioner or to her attorneys. The facts, so far as material, are stated in the opinion. An attorney has a general possessory lien on his client’s papers. (Matter of Knapp, 85 N. Y. 284; Matter of Wilson, 12 Fed.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 17,1909, which affirmed an order of Special Term directing the appellant herein to turn over certain papers to the petitioner or to her attorneys. The facts, so far as material, are stated in the opinion. An attorney has a general possessory lien on his client’s papers. (Matter of Knapp, 85 N. Y. 284; Matter of Wilson, 12 Fed. Rep. 235; U. S. v. Boyd, 79 Fed. Rep. 858; Jones v. Diefendorf, 12 Wend. 261; Schurtz v. Jenney, 21 Hun, 33; Cunningham v. Widing, 5 Abb. Pr. 413;…
1Opinion of the CourtWillard Bartlett, J.
This is a special proceeding to compel James H. Hickey to turn over certain papers upon which he claims a possessory lien as attorney. These papers consist of the printed cases on appeal to the Court of Appeals in an action in which one Hans 0. Swoboda was plaintiff and Frank C. Hollins and others were defendants. Mr. Hickey was the attorney of record for Mr. Hollins in that litigation which he conducted up to the Appellate Division and through that court. Pending an appeal which he took in behalf of Mr. Hollins to the Court of Appeals, Mr. Hollins died, and his executrix was duly substituted…
2Cases cited4 opinions
- In the Matter of the Application of KnappNew York Court of Appeals · 1881
- In the Matter of H____, an AttorneyNew York Court of Appeals · 1882
- West v. . BaconNew York Court of Appeals · 1900
- In re Bergström & Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by13 opinions
- Rice v. KellyCourt of Appeals of Kentucky (pre-1976) · 1928
- In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1933
- In Re Niagara, Lockport & Ontario Power Co.New York Court of Appeals · 1911
- Marsano v. State Bank of AlbanyAppellate Division of the Supreme Court of the State of New York · 1967
- Hennepin Improvement Co. v. SchusterNew York Supreme Court · 1910
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