Majority
p. 631JONATHAN OGDEN, Plaintiff, v. JEREMIAH DEVLIN, et al., Defendants. Before Curtis, Ch. J., and Freedman, J. Decided November 11, 1879.
Headnote
I. Attorney.1. Substitution op.
(a) A client has the right, of 1m own volition, to change his attorney of record.
1. This, though no complaint is made against the attorney, and though the object for which the benefit of his services was required has been accomplished.
1. Conditions imposed on granting substitution in SUCH CASE.
(a) The attorney must be fully paid for his services, both as attorney and counsel.
2. Form op order in such case.
Appeal by defendants from an order denying their motion for the substitution of an attorney in place of the one originally retained by them.
The original attorney was the respondent.
The appeal is from an order denying defendants’ motion for a substitution of attorney. On the motion it appeared that no complaint was made against the attorney, and that the object for which the benefit of his services was required had been accomplished.
Frank J. Dupignac, for appellant.
H. B. Bradshaw and J. S. L. Cummins, for respondent.
wrote for reversal, holding the proposition stated in the head-note ; and further holding that
p. 632
defendants’ motion should be granted by, the entry of an order providing that it be referred to a referee to ascertain and determine what amount, if any, is due to the attorney of record for his services rendered as attorney and counsel, and that, upon the coming in and confirmation of the report of said referee, and the payment by the defendants of the amount so reported due, if any, and the expenses of said reference, Frank J. Dupignac be substituted as the attorney for the defendants in the place and stead of Charles Gr. Dahlgren.
Curtis, Ch. J., concurred.