Jones & Mann v. Savage

Decided February 15, 1834

New York Supreme Court · decided 1834-02-15

A rule was asked for in this case that the attorney for the plaintiffs, who reside in England, pay $100 of the defendant’s costs. 2 R. S. 620, § 7. The motion was opposed on the ground that the attorney was retained by a citizen of this state, by whose direction the suit was prosecuted, and as the defendant could proceed against him to enforce the payment of the costs, it was argued that the attorney ought not to be held liable.

Cited by 2 later decisions — most recently January 1875

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1834-02-15

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¶1By the Court,

Sutherland, J.

¶2This very question of the liability of the attorney to costs, was under consideration when this case was before us on a motion for a new trial, and it was then held that he was liable. 6 Wendell, 660. From the case then presented to us it appeared, not only that the attorney was retained by, but that the suit was prosecuted for the benefit of a resident of the state. So in Waring v. Barret, 2 Cowen, 460, we granted a rule against the attorney, although the real plaintiff, one Brady, was a resident of the state.

¶3Motion granted.