Lewis v. Woodruff
New York Supreme Court
Appeal from an order made at special term vacating the satisfaction of the judgment entered in this action. On the 30th day of July, 1856, the plaintiff recovered judgment in this court, against the defendant, for the sum of $974.90 damages and costs.
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Appeal from an order made at special term vacating the satisfaction of the judgment entered in this action. On the 30th day of July, 1856, the plaintiff recovered judgment in this court, against the defendant, for the sum of $974.90 damages and costs. The action was prosecuted by E. 0. Robbins, an attorney of this court, on behalf of the plaintiff, who acted in prosecuting the-same, and in the subsequent settlement and- satisfaction of the judgment, under his general retainer as attorney, and without any other or special authority. On the 13th day of August, 1856, the attorney for plaintiff…
1Opinion of the Court
By the court—Davis, Justice.
'An attorney, by virtue of his general retainer, was authorized at common law to sue out execution, receive the moneys collected thereon, and enter satisfaction after payment, so long as the judgment remained in force; which was a year .and a day from its date, and such further time as the process should be continued. (3 Thomas' Coke on Litt. 321, note C.; 2 Inst. 378 ; Lee agt. Ayrton, Peake, 119; Russel agt. Palmer, 2 Wils. 325; 4 Burr. 2061; and see Livingston Law Register No. 1, Vol. IV, pp. 21 and 22, and notes, where the authorities are fully collected.)
The…
2Cases cited2 opinions
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