Porter v. Lane — 8 Johns. 357

Majority

p. 357

Porter against Lane.

Headnote

an tion of trespass quare clausum fregit, kc. reco50 doiiilrs^iama! fen,{a“" recover! thta.^ costs were allowed to be set off against the damages recovered by the piamtuF> who was insol0f the plaintiff this'ease^extends ^ucj'lfter deducting the defendant’s chavges; and does not affect the eqnitable right of set oí' between the pan;es.

THIS was an action of trespass quare clausum fregit, st de bonis asportatis. There was a verdict for the plain- * tiff for 45 dollars.

A motion was now made, in behalf of the defendant, that the costs taxed in his favour, be set oE against the damages recovered by the plaintiE, the damages being under SO dollars. The plaintiE was reputed to be in k Solvent.

e The case of Spence v. White, ( 1 Johns. Cas. 102 .) is in point, and in favour of the motion. The plaintiE’s attorney has a lien for his costs only on the net balance due, after the defendant’s charges in that suit are deducted. The attorney acts upon the credit of his J r e e client, and his lien cannot interfere with the equitable arrangement between the parties. It is subject to the equitable claims of the parties. 1 his is the principle sanctioned by the cases in 2 Bos. & Pull. 28. and 4 Bos. & Pull. 22. and which is the rule adopted by this court.

Motion granted.