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Charles Jaquiss, Appellant, v. Henry Hagner, et al., Respondents, 1878 — 72 N.Y. 605 · caselaw · US
General
Charles Jaquiss, Appellant, v. Henry Hagner, et al., Respondents
72 N.Y. 605·New York Court of Appeals·1878·NY
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Opinion
Charles Jaquiss, Appellant, v. Henry Hagner, et al., Respondents.
(Argued January 25, 1878;
decided February 5, 1878.)
This action was brought against defendants for alleged misconduct and neglect in the management by them, as attorneys, of a suit in favor of plaintiff against one Whipps.
The misconduct alleged was that defendants did not before judgment secure a lien on Whipps’ property. The complaint contained no allegation, and it did not appear on the trial that defendants could have procured such a lien, or that the cause of action was such that they could have filed a lis pendens, or procured an order of arrest or attachment. It appeared that the demand against Whipps was simply for money loaned. The cause was submitted to the jury who rendered a verdict for the defendants. Held, that the trial court might properly have nonsuited plaintiff and certainly he could not complain of the verdict.
Charles Jaquiss, appellant, in person.
D. T. Walden for respondent.
[MAJORITY — Earl, J.,]
Earl, J.,
reads for affirmance. All concur except Andrews, J., absent.
Judgment affirmed.