Majority
p. 935In the Matter of the Application of Owen Shanley and Others, Appellants, for an Order Requiring Patrick A. McManus, Respondent, to Pay Over Moneys Received by Him Belonging to Them.
Headnote
Appeal from an order entered in'the New York county clerk’s office on the 33d day of December, 1907, denying a motion to compel an attorney to pay moneys.The order should be modified so as to provide that said order shall -not be a bar to any action commenced by the petitioners against their attorney to recover the money in question. As so modified the order should be affirmed, without costs. Present — Ingraham, Lauglilin, Clarke, Houghton and Scott, JJ. Order modified as stated in opinion, and as modified affirmed, without costs. Settle order on notice.