Hilleary v. Hilleary
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — How. Rhodes E. Cave, Judge. (1) “An attorney who appears for a party has a lien upon his client’s cause of action or counterclaim, which attaches to the verdict, report, decision or judgment in his client’s favor, and the proceeds thereof in whosesoever hands they may come; and cannot be affected by any settlement between the parties before ■or after judgment.”
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Appeal from St. Louis City Circuit Court. — How. Rhodes E. Cave, Judge. (1) “An attorney who appears for a party has a lien upon his client’s cause of action or counterclaim, which attaches to the verdict, report, decision or judgment in his client’s favor, and the proceeds thereof in whosesoever hands they may come; and cannot be affected by any settlement between the parties before ■or after judgment.” Sec. 964, R. S. 1909. Sec. 965, R. S. 1909; Wait v. Railroad, 204 Mo. 491, 503; Bishop v. United Railways Co., 165 Mo. App. 226; Lawson v. Missouri & Kansas Telephone Co., 178 Mo. App. 124;…
1Opinion of the CourtReynolds, P. J.
On November 2, 1910, Mrs. Sallie Hilleary, as she then was, brought her action against her then husband, George W. Hilleary, for divorce. Her petition was drawn up and she was represented in the case by Harry A. Prank and D. J. Sullivan, Esquires, as her attorneys, either directly or by attorneys whom they had associated with them in the conduct of the case. The husband, defendant, filed his answer, a general denial. Thereafter, on June 26,1911, plaintiff filed her motion for alimony pendente lite and for suit money. This motion coming up for hearing was denied by the court on February 17,…
2Cases cited6 opinions
- Putnam v. TennysonIndiana Supreme Court · 1875
- Motley v. MotleyMissouri Court of Appeals · 1902
- Canney v. CanneyMichigan Supreme Court · 1902
- Branth v. BranthNew York Supreme Court · 1890
- In re BollesAppellate Division of the Supreme Court of the State of New York · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sue Davidson, P.C. v. NaranjoWyoming Supreme Court · 1995
- Anderson v. AndersonMissouri Court of Appeals · 1966
- Bovard v. BovardMissouri Court of Appeals · 1939
- Bucknam v. BucknamSupreme Court of Missouri · 1941
- Howard v. HowardMissouri Court of Appeals · 1957
5 more not listed; retrieve them via the Exa API.