12 How. Pr. 351 | N.Y. Sup. Ct. | 1855
This, originally, was an application by the plaintiffs against their attorney, for an attachment to compel him to pay over moneys collected by him on the judgment in this cause.
Although the judgment was entered for $228.77, including $8.75 for costs, “it became” (such is the attorney’s statement) “ settled by compromise,” for the , sum of $200—of which amount, he says, one Gibson, the plaintiffs’ agent, “ on the same day,” (giving no date,) received $130, leaving a balance of $70, which he, the attorney, claims to retain for “other professional business,” including “lengthy papers,” and sundry “ supplementary proceedings, in which many days was lost.”
The judgment, it appears, was obtained on the 1st of June, and the satisfaction piece (signed by the attorney) on the 2d of
Under these circumstances, instead of passing on the case definitively, the court sent it to a referee, to ascertain the amount due; and made a further order, that on filing his report, unless payment was made, an attachment issue against the attorney as for a contempt. He now applies to have the order “ amended or settled, so as to comply with the facts or merits herein.”
No alteration, it appears to me, is necessary, unless it be (as was done in the case of Meyer agt. Lent, 16 Barb. 538,) to direct the attendance of the attorney and his clients to be examined openly, on oath, before the court itself, with such witnesses, especially Gibson, as they may see fit to produce, to throw light on the seeming contradictions in which the written affidavits appear to be involved.
Let an order to that effect be entered, with $10 costs of opposing the motion, to abide the event.