
    In the Matter of the Application of A. Stroud Haxton, Respondent, for an Order Substituting Other Attorneys in Place and Stead of Bijur & Herts, Appellants, Attorneys of Record in an Action Pending.
    (Argued January 27, 1925;
    decided February 25, 1925.)
    
      Attorney and client— substitution of attorneys— attorney's lien.
    
    
      Matter of Haxton, 210 App. Div. 846, affirmed.
    Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 24, 1924, which modified and affirmed as modified an order of Special Term granting a motion for a substitution of attorneys. The sole question presented on appeal was whether, as matter of law, an attorney, who had a conceded retaining lien on property of his client in his (the attorney’s) possession, loses or waives the lien by pledging the property to secure an obligation of the client in the progress of the litigation, with adequate provision that, after the purpose of the pledge has been fulfilled, the whole or the residue of the property be returned to the attorney.'
    
      Cyril F. dos Passos and Arthur Ofner for appellants.
    
      John Burlinson Coleman and Ernest J. Ellenwood for respondent.
   Order affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, Crane, Andrews and Lehman, JJ. Absent: McLaughlin, J.  