Davies & Davies v. Patterson
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Scott Wood, Judge; 1. Summary statutes of this character are highly penal and should receive strict construction. 56 Árk. 45. Defendants acted in good faith. They had a meritorious defense and set it up by answer. They had an attorney’s lien, and it was error to render summary judgment. Plaintiff should have been remitted to his remedy at law. 4 Cyc. 695; Jones on Liens (3d Ed.), $ 151; 19 Pa.
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Appeal from Garland Circuit Court; Scott Wood, Judge; 1. Summary statutes of this character are highly penal and should receive strict construction. 56 Árk. 45. Defendants acted in good faith. They had a meritorious defense and set it up by answer. They had an attorney’s lien, and it was error to render summary judgment. Plaintiff should have been remitted to his remedy at law. 4 Cyc. 695; Jones on Liens (3d Ed.), $ 151; 19 Pa. St. 95; 14 Phila. 287; 87 N. Y. 550; 83 111. 194; 10 Vt. 183; 78 Ind. 225; 14 Iowa, 286; 67 Ga. 329; 70 Id. 349; 10 Wall, 483; 2 Ark. 512, 570; 30 Id. 761; 29 Id. 99;…
1Opinion of the Court
WOOD, J.,
(after stating the facts). It is insisted by counsel for appellee that inasmuch as no motion for a new trial was filed that no issues of fact will be inquired' into by this court, and further insisted that there are no errors appearing upon the face of the record and that therefore the judgment should be affirmed.(1) The statute authorizing a client to proceed in a summary way on motion before the circuit court to procurp judgment against his attorney for money which the attorney has received for him, was not intended as a substitute for the ordinary action for money had and…
2Cases cited3 opinions
- Wernimont v. State ex rel. Little Rock Bar Ass'nSupreme Court of Arkansas · 1911
- Cooley v. LovewellSupreme Court of Arkansas · 1910
- Milor v. FarrellySupreme Court of Arkansas · 1869
3Cited by5 opinions
- Priest v. MooreSupreme Court of Arkansas · 1931
- Carroll County v. PoynorSupreme Court of Arkansas · 1920
- Davies v. PattersonSupreme Court of Arkansas · 1918
- Shackleford v. FordSupreme Court of Arkansas · 1927
- Tomlin v. Reynolds Mining Corp.Supreme Court of Arkansas · 1959