ELBAUM v. SULLIVAN


344 Mass. 662 (1962)

183 N.E.2d 712

GEORGE J. ELBAUM & another vs. JANET A. SULLIVAN.

Supreme Judicial Court of Massachusetts, Suffolk.

July 2, 1962.


Attorney(s) appearing for the Case

David W. Walsh (Walter J. Hurley with him) for the respondent.

George A. Goldstein & Frank G. Lichtenstein, for the petitioners, submitted a brief.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & SPIEGEL, JJ.


SPALDING, J.

This is a petition by George J. Elbaum and Frank J. Lichtenstein to establish an attorney's lien under G.L.c. 221, § 50, as appearing in St. 1945, c. 397, § 1. The judge found for the petitioner Elbaum in the sum of $3,200. He found for the respondent with respect to the petitioner Lichtenstein and ordered the petition dismissed as to him.

At the threshold lies a question of procedure. The respondent evidently was in doubt as to whether...

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