Where,  in  an  action  upon  an  undertoking  on  appeal  to  recover  costs
awarded  the  plaintiff  un  the  affirmance  of  the  judgment  appealed
from,  the  plaintiff's  attorney,  upon  proof  that  he  was  the  attorney
for  the  plaintiff  on  such  appeal,  and  had  not  been  paid  his  dis-
bursements or  for  his  services,  and  had  brought  the  action  on  the
undertaking  in  the  name  and  with  the  consent  of  the  plaintiff  for
the  purpose  of  enforcing  his  lien  for  costs,  and  upon  the  consent  of
the  plaintiff  to  the  granting  of  the  motion,  moved  that  he  be  per-
mitted to  prosecute  and  continue  the  action  for  his  own  benefit  in
the  name  of  the  plaintiff,— £feW,  that  an  attorney  has  a  lien  not
only  upon  the  judgment  but  upon  all  incidents  of  the  judgment


CIVIL*  PROCEDURE    REPORTS.  317

Eipp  V.  Rapp.
and  secarities  f or  its  payment,  and  may  commence  and  maintain  an
action  in  the  name  of  his  client  for  the  purpose  of  enforcing  any
lien  he  may  have  for  costs,  and  the  motion  was  properly  granted  ;
that  the  granting  of  the  motion  did  not  decide  any  of  the  issues
nor  of  the  points  of  di£ference  between  the  parties,  nor  did  it  estop
the  defendants  from  urging  upon  a  trial  any  objection  they  may
have  against  the  plaintiff's  right  to  recover  or  the  attorney's  right
to  enforce  his  lien.
{Decided  May  29,  1885.)

Appeal  from  an  order  of  the  special  term  permit-
ting the  plaintiffs  attorney  to  prosecute  and  continue
the  action  for  his  own  benefit  in  the  name  of  the
plaintiff  and  directing  the  order  to  be  entered  nunc
pro  tunc.
