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Whitcomb v. Straw

June 1, 1883 - Opinion

Unanimous

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Date Record Text Type Party PDF
June 1, 1883 Whitcomb v. Straw Current page Opinion Supreme Court Reporter

Whitcomb v. Straw.

An attorney’s lien on a judgment recovered by his client is security for taxable costs only.

The plaintiff recovered a judgment against the defendant on which his counsel claimed a lien for their fees and disbursements. At the same term, in another action, Straw recovered a judgment against Whitcomb, which he moved to offset against the plaintiff’s judgment.

P. B. Currier and J. M. Shirley, for the plaintiff.

Barnard $ Barnard, for the defendant.

Stanley, J.

The plaintiff’s counsel have a lien on the judgment against the defendant to the extent only of the taxable costs. Shapley v. Bellows, 4 N. H. 347, 353; Wright v. Cobleigh, 21 N. H. 339, 341; Young v. Dearborn, 27 N. H. 324, 327; Currier v. Railroad, 37 N. H. 223, 226; Wells v. Hatch, 43 N. H. 246.

Case discharged.

Blodgett, J., did not sit: the others concurred.