The Superior Court of New York City, 1882

Jones v. Easton

Jones v. Easton
The Superior Court of New York City · Decided June 15, 1882 · Truax
11 Abb. N. Cas. 114

Counsel

P. T. Eckerson, for motion., B.E. Valentine, opposed.

Jones v. Easton

Opinion of the Court

Truax, J.

The lien of the attorney upon his client’s cause of action attaches to a verdict, report, decision or judgment in his client’s favor (Code Civ. Pro. § 66). I understand that section not to apply to a report upon a reference ordered under section 1015. The costs *115upon such a reference are motion costs, and come within section 779, which says such costs may be set off against costs awarded to the adverse party. The plaintiff has obtained a judgment against the defendant for a large amount.. This judgment he shows he cannot collect. He should not be compelled to pay costs to the defendant which have been awarded against him on a motion.

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