116 N.Y.S. 245 | N.Y. App. Div. | 1909
The papers of which the petitioners sought to obtain possession consisted of the printed record of a case on appeal to the Court of Appeals, the petitioners being parties to the action in which the appeal was pending. The petition alleges that the petitioners were defendants in an action pending in the Supreme Court of Kings county wherein one Ridgely was the plaintiff. One of the petitioners, being an attorney of this court, was the attorney of record for the defendants in that action, but Mr. Horman had appeared for the petitioners as counsel. That action was tried and resulted in a judgment being rendered against the petitioners which was affirmed by the Appellate Division in the second department and from the decision of the Appellate Division an appeal was taken to the Court of Appeals, which appeal was still pending ;
The expense of printing these records was borne by the petitioners, and they were delivered to Norman for the specific purpose of being filed with the clerk of the Court of Appeals in order to make an appeal to that court effective.
Upon the withdrawal of Norman from any further connection with the litigation his relation as attorney for the petitioners ceased, and while he undoubtedly had a lien upon the papers and property of his clients in his hands for his legal fees, such a lien did not apply to copies of printed records which were required to be filed in court and which were received by the attorney for that purpose.
The order appealed from must, therefore, be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs to be paid by the attorney personally, and the attorney required within five days after the service of this order to deliver the printed records in his possession to the petitioners.
Laughlin, Clarke, Houghton and Scott, JJ., concurred.
Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.
Ridgely v. Bergstrom, 124 App. Div. 909; 195 N. Y. 537. — [Hep.