Scholle v. Pino
New Mexico Supreme Court
Error, from a judgment for plaintiff, to tbe Second ■Judicial District Court, Bernalillo County. Motion by defendant in error for affirmance. Affirmed. Motion by plaintiff in error for set-off. Tbe facts are stated in tbe opinion of tbe court. Tbe attorney’s lien at common law existed only as to any balance which might be due to tbe client after the right of set-off was allowed.
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Error, from a judgment for plaintiff, to tbe Second ■Judicial District Court, Bernalillo County. Motion by defendant in error for affirmance. Affirmed. Motion by plaintiff in error for set-off. Tbe facts are stated in tbe opinion of tbe court. Tbe attorney’s lien at common law existed only as to any balance which might be due to tbe client after the right of set-off was allowed. Tbe right to tbe taxed costs was superior to tbe right of set-off, but we bad no such taxed costs in this territory (as are provided by tbe Code of Civil Procedure) when this judgment was recovered. No services were…
1Opinion of the CourtLelamd, J.
This cause comes into this court on error to the district court of Bernalillo county.
The plaintiff in error having failed to prosecute his case in this cause, and the defendant in error having duly made a motion herein for an affirmance of the judgment of the lower court, and no reason being offered as to why such judgment should not be affirmed, said judgment is hereby affirmed with costs, and ten per cent damages.
Though plaintiff in error failed to prosecute his writ of error in this case, he has filed in this case a motion to set off a judgment owned and held by him against this defendant…
2Cases cited8 opinions
- Greene v. HatchMassachusetts Supreme Judicial Court · 1815
- Goodenow v. ButtrickMassachusetts Supreme Judicial Court · 1810
- Peirce v. BentSupreme Judicial Court of Maine · 1879
- New Haven Copper Co. v. BrownSupreme Judicial Court of Maine · 1859
- Burnham v. TuckerSupreme Judicial Court of Maine · 1841
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3Cited by1 opinion
- Forrest Currell Lumber Company v. ThomasNew Mexico Supreme Court · 1971