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3 Edw. Ch. 340

Stevenson v. Stevenson

New York Court of Chancery

Decided September 24, 1839

New York Court of Chancery · decided 1839-09-24

Motion to substitute a solicitor for a defendant. The old solicitor was willing to have any person appointed in his place on having his costs paid.

Cited by 1 later decisions — most recently January 1883

Good law ✅— No negative treatment on recordhow we know

Decided 1839-09-24

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The Vice-Chancellor :

¶1A parly to a suit cannot change his solicitor without an order of the court: Mumford v. Murray, Hopk. 369 ; but it is no objection to the making of such an order that the first solicitor's costs are not paid. If he has a lien upon papers or any thing in his hands for his costs, the court will not deprive him of the lien, nor will the court, on the other hand, make it a condition of the order that the costs • of the solicitor be first paid : Twort v. Dayrell, 13 Ves. 195.

¶2Where there is nothing upon which he has a lien, he must be left to the personal responsibility of the client and to his remedy by action.

¶3The order, in this case, must be made for the substitution.

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