Morrison v. Green
Supreme Court of Georgia
Motion to dismiss writ of error. With the motion counsel for defendants in error presented written instructions of plaintiffs in error to their counsel, and to the clerk of this court, that the bill of exceptions be withdrawn or dismissed, declaring that they did not wish to prosecute the case further. The motion was resisted on the ground indicated in the headnote.
1Opinion of the CourtSimmons, C. J.
Although, according to the decision of this court in. the case of Fry et al. v. Calder et al., 74 Ga. 7, an attorney at law who successfully defends a suit for the foreclosure of an alleged lien, has himself a lien for his fee upon the property of his client which the plaintiff sought to subject, the attorney’s lien is inchoate until a judgment in favor of the defendant has been actually rendered; and as the policy of the law favors the settlement of litigation, a defendant against whose property an alleged lien is sought to be enforced may settle with the plaintiff at any time before…
2Cases cited1 opinion
- Fry v. CalderSupreme Court of Georgia · 1885
3Cited by1 opinion
- Hutchinson v. DobbinsCourt of Appeals of Georgia · 1924