McCarty v. Goodsman
North Dakota Supreme Court
Appeal from District Court, Pierce County, A. G. Burr, J. An attorney’s lien is strictly dependent upon continuity of possession.
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Appeal from District Court, Pierce County, A. G. Burr, J. An attorney’s lien is strictly dependent upon continuity of possession. Where promissory notes are introduced and received in evidence upon a trial proceeding in district court, they become court files and are in the possession of the court, and thereafter if one of the attorneys obtains the consent of the court for their removal from the files of the cause in which they were used, to his own office and into his own hands, his possession of them is the possession of the court still, and he can claim no lien oh them, as papers belonging…
1Opinion of the CourtBirdzell, J.
This is an action for the foreclosure of a mortgage •on 160 acres of land, securing the payment of $700 and interest. Judgment was entered in the district court of Pierce county in favor of the plaintiff, but it was ordered that certain of the proceeds of the foreclosure sale be paid to the defendant Styles as assignee of nn attorney’s lien, existing in favor of the defendant Campbell. The defendant Styles appealed from the judgment, demanding a review and trial de novo of certain questions of fact, which are set forth in seventy-seven specifications. The plaintiff McCarty, also appealed,…
2Cases cited9 opinions
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Hall v. JamesonCalifornia Supreme Court · 1907
- Boyd v. BuchananMissouri Court of Appeals · 1914
- Satterlund v. BealNorth Dakota Supreme Court · 1903
- Central Trust Co. v. Meridian Light & Ry. Co.Mississippi Supreme Court · 1913
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- AMERICAN STATE BANK AND TRUST COMPANY OF WILLISTON v. SorensonNorth Dakota Supreme Court · 1995
- Lawman v. BarnettTennessee Supreme Court · 1944
- Twin Falls Oakley Land & Water Co. v. MartensCourt of Appeals for the Ninth Circuit · 1921
- Union Central Life Ins. Co. v. AdamsSupreme Court of Oklahoma · 1934
- Hansen v. BrannerNorth Dakota Supreme Court · 1925
9 more not listed; retrieve them via the Exa API.