Castro v. Bennet — 2 Johns. 296

Majority

p. 295

Castro and Wife against Bennet.

Headnote

An attorney is proceed"in suit unless the client pa> s his costs •. nor wil the court compel him to proceed without his costs are paid or secured.

W. Morton, in behalf of the plaintiffs, moved for a rule to compel the attorney of the plaintiffs to proceed in the suit. He contended that after an attorney had commenced a suit, he could be compelled to proceed, though he might lose his costs. He cited 1 Bac. Ah. 187. 1 Salk. 87. 6 Mod. 86. 12 Mod. 251.

It appeared that considerable costs had accrued in the progress of the suit, and that the attorney for the plaintiff refused to proceed further until he was paid the amount*

Golden, contra.

The conduct of the attorney is justifiable. He is not bound to go'on and expend money for his client without being secured. The cases cited show merely, that the court will compel an attorney to do his duty; but it is not his duty to expend money for his client without being reimbursed.

Rule refused.