Ackerman v. Ackerman

Decided November 15, 1860

New York Court of Common Pleas · decided 1860-11-15

Motion to set aside execution. Judgment was entered against defendant by default for $4,583.62. Subsequently plaintiff’s attorney gave defendant notice in writing, that he claimed a lien on the judgment for his counsel-fee of $100, over and above the costs. After service of that notice, plaintiff and defendant, without the knowledge of the plaintiff’s attorney, settled the suit, and plaintiff gave defendant a satisfaction-piece, which was duly filed in the clerk’s office.

Decided 1860-11-15

Brady, J.

¶1Upon reflection I am satisfied that the satisfaction-piece was filed by the defendant with full knowledge of the lien of the plaintiff’s attorney, and was in contravention of his rights, and, therefore, as to him, a fraud.

¶2Having arrived at this conclusion, the motion to set aside the execution must be denied, unless the defendant pays to the attorney of the plaintiff $72.27, being the balance due under the lien, within twenty days after service of the order to be entered hereon. Mo costs to either party on this motion, but sheriff’s fees to be paid by defendant.