Hobson v. Watson
Supreme Judicial Court of Maine
On FACTS AGREED. Debt against principal and surety on a poor debtor’s relief bond, taken on execution issued upon a judgment for cost. Within the six months prescribed in the bond for the performance of its conditions, the judgment creditor received payment of the judgment, interest and expenses, and discharged both the judgment and the bond.
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On FACTS AGREED. Debt against principal and surety on a poor debtor’s relief bond, taken on execution issued upon a judgment for cost. Within the six months prescribed in the bond for the performance of its conditions, the judgment creditor received payment of the judgment, interest and expenses, and discharged both the judgment and the bond. After the giving of that discharge, the attorney, who had aided in obtaining the judgment, brought this action, to recover the amount of his fees and disbursements, being something more than half of amount of the judgment, for which he claims a lien on…
1Opinion of the CourtWells, J.
The statute, chap. 117, sect. 37, recognizes the existence of a lien upon the judgment in favor of the attorney in the suit, for his fees and disbursements. It does not accrue until judgment is entered. Potter v. Mayo, 3 Greenl. 34. By the English rule, to perfect his lien, the attorney must give notice to the defendant that he claims it. Welsh v. Hale, Doug. 238 ; Read v. Dupper, 6 T. R. 361. But our statute does not require that the attorney should give notice of his intention to rely upon his lien in order to retain it against the discharge of the creditor. Gammon v. Chandler, 30 Maine,…
2Cases cited1 opinion
- Martin v. HawksNew York Supreme Court · 1818
3Cited by8 opinions
- Greenleaf v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1915
- Humphrey v. BrowningIllinois Supreme Court · 1868
- Hale v. TysonSupreme Court of Alabama · 1918
- Royal Insurance Co. v. SimonCourt of Chancery of Delaware · 1934
- Clark v. SullivanNorth Dakota Supreme Court · 1893
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