Greenleaf v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
Appeal from tbe District Court of Ward County, F. E. Fish, J., special judge. Action to recover on an attorney’s lien. From an order sustaining a demurrer to the complaint plaintiff appeals. Where the legislature enacts a provision taken from a statute of another state or country in which the language of the act has received a settled construction, it is presumed to have been intended that such provision should be understood and applied in accordance with that construction.
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Appeal from tbe District Court of Ward County, F. E. Fish, J., special judge. Action to recover on an attorney’s lien. From an order sustaining a demurrer to the complaint plaintiff appeals. Where the legislature enacts a provision taken from a statute of another state or country in which the language of the act has received a settled construction, it is presumed to have been intended that such provision should be understood and applied in accordance with that construction. Cass County v. Security Improv. Co. 7 N. D. 536, 75 N. W. 775; Besser v. Alpena Circuit Judge, 155 Mich. 631, 119 N. W.…
1Opinion of the CourtBruce, J.
This is an appeal from an order sustaining a general demurrer to a complaint. The only question involved is whether an attorney who has made an agreement with his client in a personal injury action for a percentage “of any amount received, recovered, or obtained from the said defendant by reason of the injuries sustained by him, either in settlement or by action,” and who subsequently serves upon the defendant a notice of an attorney’s lien based upon such agreement, can recover from such defendant such percentage on the amount which the said defendant has paid to the plaintiff in settlement…
2Cases cited43 opinions
- Williams v. . IngersollNew York Court of Appeals · 1882
- Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
- North Chicago Street Railroad v. AckleyIllinois Supreme Court · 1897
- Coughlin v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1877
- Standidge v. Chicago Railways Co.Illinois Supreme Court · 1912
38 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. HagertyNorth Dakota Supreme Court · 1998
- Van Klootwyk v. Baptist Home, Inc.North Dakota Supreme Court · 2003
- Kubu v. KabesSupreme Court of Minnesota · 1919
- Interstate Collection Agency, Inc. v. KuntzNorth Dakota Supreme Court · 1970
- Downey v. Northern Pacific Ry. Co.Montana Supreme Court · 1924
16 more not listed; retrieve them via the Exa API.