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3 N.Y. St. Rep. 531

Davis v. Bowe

The Superior Court of New York City

Decided December 31, 1886

The Superior Court of New York City · decided 1886-12-31

The plaintiff was on the limits, having been arrested on a body execution on a judgment for costs. The attorney for the judgment creditor signed an order for his discharge. Thereafter the sheriff again took him into custody, claiming that only the judgment creditor could sign the discharge. In this action for false arrest plaintiff recovered damages. The sheriff appealed.

Cited by 1 later decisions — most recently December 1895

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1886-12-31

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Per Curiam

¶1The learned judge below, in denying defendant’s motion for a new trial, was inaccurate in saying that in this state the costs, of the successful party belong legally to the attorney. They legally belong to the party. 48 Supr. Ct., 215. But the attorney has a lien on them for the amount of his compensation, which may or may not exceed the amount of the costs as taxed.

¶2It is for this reason that the attorney is master of the judgment for costs and for the remedies given for its collection. But notwithstanding the fact that a wrong reason was given, the case was correctly disposed of both at the trial and on the motion for a new trial.

¶3The judgment and order should be affirmed, with costs.

/3/nystrep/531 · .json · Public domain