Wright v. Black — 2 Wend. 258

Majority

p. 258

Wright vs. Black.

Headnote

An attorney is liable for costs, where he proceeds in a suit after his client has removed outofthestate, to the amount of$100,whether costs accrued before or after such removal.

Motion for an attachment. The plaintiff removed from the state after the cause was at issue. His attorney subsequently noticed the cause for trial, and the defendant had a verdict. At the last term, the attorney was laid under a rule to pay the costs of the defence, to the amount of $100, or shew cause. He now shewed for cause, that though the plaintiff had been absent from the state for upwards of a year, that he was soon expected to return, and insisted that at all events he was liable only for the costs subsequent to the notice of trial.

The attachment must go ; the absence of the plaintiff cannot be considered temporary, and the attorney must pay to the full amount allowed by the 14th rule of January term, 1799, which is explicit on this subject.