Porter v. Lane

Decided August 15, 1811

New York Supreme Court · decided 1811-08-15

THIS was an action of trespass quare clausum fregit, st de bonis asportatis. There was a verdict for the plain- * tiff for 45 dollars. A motion was now made, in behalf of the defendant, that the costs taxed in his favour, be set oE against the damages recovered by the plaintiE, the damages being under SO dollars. The plaintiE was reputed to be ink Solvent.

Relies on Spence v. White

Good law ✅— No negative treatment on recordhow we know

Decided 1811-08-15

How this case has been cited

Cited by 5 later decisions — most recently February 1896

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1e The case of Spence v. White, (1 Johns. Cas. 102.) is in point, and in favour of the motion. The plaintiE’s attorney has a lien for his costs only on the net balance due, after the defendant’s charges in that suit are deducted. The attorney acts upon the credit of his J r e e client, and his lien cannot interfere with the equitable arrangement between the parties. It is subject to the equitable claims of the parties. 1 his is the principle sanctioned by the cases in 2 Bos. & Pull. 28. and 4 Bos. & Pull. 22. and which is the rule adopted by this court.

¶2Motion granted.