Prichard v. Fulmer
New Mexico Supreme Court
Appeal from District Court, Lincoln County; E. L. Mecller, Judge. . Action by George W. Prichard against J. H. Fulmer, Jr., and another. From a judgment for defendant, plaintiff appeals. In absence of statute, attorney has equitable lien.
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Appeal from District Court, Lincoln County; E. L. Mecller, Judge. . Action by George W. Prichard against J. H. Fulmer, Jr., and another. From a judgment for defendant, plaintiff appeals. In absence of statute, attorney has equitable lien. Mosley v. Norman, 74 Ala. 424; Andrews v. Morse, 12 Conn. 444; Carter v. Davis, 8 Fla. 183; J ones v. Groover, 46 Ga. 568; Hunt v. McClanahan, 48 Tenn. 503; Filmore v. Wells, 15 Pac. -343. Contract for payment of attorney’s fee is enforcible at common, law. 27 Cyc. of Pro. 1781, 1785. As to attorneys’ liens general^, see: Porter et al. v. Hansum, 36 Ark.…
1Opinion of the Court
OPINION OF THE COURT.
ROBERTS, C. J.
Appellant was employed by Jacob H. Fulmer, Jr., as attorney, to foreclose three certain mortgages on described real estate, executed to him by the Eagle Mining & Improvement Company to secure an indebtedness of $112,000, represented by promissory notes. Suit was filed pursuant to such employment on January 1st, 1909, and on May 9, 1909, final .decree was entered. This decree, after finding that the notes representing the indebtedness, secured by the mortgage, were past due and unpaid, and giving judgment for the amount due, further provided:
“And it is…
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- President of the Michigan State Bank v. HastingsMichigan Supreme Court · 1844
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- Stewart v. FlowersMississippi Supreme Court · 1870
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