Stephens v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from the Jackson. Circuit Court. — New. E. E. Porterfield, Judge. (1) (a) The Attorney’s Lien Law, sections 964-65, R. S. Mo., 1909, does not vest in the attorney a property right in his client’s canse of action, but merely gives him a lien on the proceeds thereof to insure the payment of his fee for services. Laughlin v. Powder Co'., 134 S.' W. 116; Hurr v. Railroad, 141 Mo. App. 217; O’Connor v. Transit Co., 198 Mo. 622, 641-642; Curtis v. Railroad, 118 Mo.
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Appeal from the Jackson. Circuit Court. — New. E. E. Porterfield, Judge. (1) (a) The Attorney’s Lien Law, sections 964-65, R. S. Mo., 1909, does not vest in the attorney a property right in his client’s canse of action, but merely gives him a lien on the proceeds thereof to insure the payment of his fee for services. Laughlin v. Powder Co'., 134 S.' W. 116; Hurr v. Railroad, 141 Mo. App. 217; O’Connor v. Transit Co., 198 Mo. 622, 641-642; Curtis v. Railroad, 118 Mo. App. 352; Curtis v. Railroad, 125 Mo. App. 369; Waite v. Railroad, 204 Mo. 502; Boyle v. Railroad, 134 Mo. App. 71; Boyd v.…
1Opinion of the CourtJohnson, J.
— This is a proceeding to enforce an attorney’s lien for one-third of a judgment recovered by James M, Stephens against the defendant rail*660way company and, incidentally, for the purposes of the lien, to set aside a satisfaction of the judgment entered of record by Stephens, on the ground that the compromise and satisfaction of the judgment were procured by fraudulent practices of defendant. ' Chronologically stated the facts of the case are as follows:
On December 25, 1907, Stephens was severely injured in a collision between one of defendant’s street cars and a wagon in which he was riding…
2Cases cited12 opinions
- Wait v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1907
- O'Connor v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Young v. RenshawMissouri Court of Appeals · 1903
- Yonge v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- City of St. Louis v. BoyceSupreme Court of Missouri · 1895
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3Cited by3 opinions
- Whitecotton v. St. Louis & Hannibal Railway Co.Supreme Court of Missouri · 1913
- Powers v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Foy v. India Rubber Tire Co.Appellate Court of Illinois · 1918