PRACTICE REPORTS IN THE SUPREME COURT AND COURT OF APPEALS OF THE STATE OF NEW YORK. BY R. M. STOVER, REPORTER. VOLUME LXI. ALBANY: WILLIAM GOULD & SON, LAW BOOKSELLEKS AND PUBLISHERS. 1881. Entered according to act of Congress, in the year eighteen hundred and eighty-one, BY WILLIAM GOULD & SON, in the office of the Librarian of Congress, at Washington. Kec. Nov. 18, 1881 THE ARGUS COMPANY, PRINTERS AND STEREOTYPERS, ALBANY, N. Y. PRACTICE REPORTS. SUPREME COURT. LAWRENCE ENNIS agt. LAWRENCE A. CURRY and others. Attorney's lien-Set-off of judgment— Code of Civil Procedure, section 66. The plaintiff, having recovered judgment in an action brought by him against defendant Curry, and having been beaten in another action against Curry, with judgment against him for costs, brought this action to compel a set-off of one judgment against the other, the first with interest, being large enough to extinguish the second; and Curry's attorneys thereupon interposing their lien: Held, that the statutes regulating set-offs, under which it has been decided that in an action like the present the lien of attorneys must yield to the right of set-off, having been repealed, section 66 of the Code may be invoked by the attorneys to uphold their lien. Special Term, March, 1881. L. B. Bunnell, for plaintiff. Alfred Frost, for defendant Wilder. VAN VORST, J.-This is an action on the equity side to set-off one judgment against another. Plaintiff, in July, 1877, recovered against the defendant Curry a judgment for $171.61 in a district court. Afterwards, in another action brought by plaintiff against the same defendant, in the court of common pleas, judgment was recovered against plaintiff by Curry for $175.90, costs of the action. It is this latter judgment for costs which the plaintiff now seeks to set-off against the former. The defendant Wilder was one of the attorneys for the VOL. LXI 1 |