The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-30
CHARGES AGAINST LAWYERS


Charges of alleged dercliction Of duty against law
yers seem lately to be growing In frequency. In two
OF this character called the attention OF Judge
J. F. Daily in the Court OF Common Pleas decisions
were given yesterday, the points OF which arc given
below In Mother case the charges, will be seem
not fully substantiated, rather they pre-
scented in such form that Judge Daily finds himself
able TO take cognizance OF them. They show, however
this fact, that lawyers must pursue pretty straight
forward course in the conduct Of ntrusteu to
them else they will be made to the
courts for misieasance. The first that
OF John Warmer against Augusta Menard, which
anne up on appeal TO the General Term of the Court
OF Common Pleas and in which the judgment recov-
cred by plaintiff in the action affirmed. The de-
cndants attorney requested the plaintiffs attorney
10 open the Judgment, which, he says, he positively
refused to do Counsel Tor the plaintiff states that be
has since learned that W. Il. Develln, company with
the attorney the dele ndan went before the Gen.
eral Term and had the Judgment OF the defendant
opened on the payment OF $40 costs, and after an
that Devln had power to and that his interior
ence was Illegal and unjust whereupon he petitloned
70 have The matter before the General
he might be entitled TO recover. Judge J. +.
Daily, in deciding the application says:-.'lt appears
that full argument and review OF the appeal had
In tho General Term and the judgment reversed alter
hearing Mr. Langtree Tor appellant and Mr.. Devehn
Tor respondent. There COLLISION between them,
and LaEgtrce appeared have cted IN good faith |
am inclined to think from the adavits, that Develin
had authority to represent in the appeal
II he had respondent has hs action against him,
and in any event has the right to bring new action
in the District Court for his claims Ii Develin had
authority act trust the matter may be brought
to the attention of the Supreme Court Motion de-
MED. No costso
The second is that OF Lewis B. Hunt who
charges Mr.. A. II. Reavey, an attorney, with having
collected 400 for him, which he refuses TO pay
Judge j. r. DAILY, OF the Court of Common Pleas, yes
terday rendered the following decision on motion TO
compel the defendant to pay over the money!
Although the papers are entitled as II an action were
pending this court between Lewis b. Hunt, plain
IN, and Alexander II. Rcavey, as defendant, find in
tue AFFIDAVIT OF Mr. Hunt allegation that the moneys
which Reavey Is said wrongfully 10 withhold were
collected ny him attorney in any action brought
prosecuted in the Court of Common Pleas. For
that reason cannot sign the order which presented.
The Court OF Common Pleas Will compel attorneys 10
do their duty in actions In that Court but 1t does not
undertake regulate the transactions OF attorneys
actions pending in other tribunals. II tho moneys
question were collected by Mr. Reavey, not in an
action, but the OF business conded 10 HIM
account OF HIS beng attorney, Mr.. Hunt should
apply to the Supreme Court Tor redress. Motion
denied, without costs, AMI without prejudice to re-
ncwal before the proper tribunal.