Crissman v. McDuff
Supreme Court of Iowa
Appeal from, Linn District Gourt. — Hon. H. M. Remley, T udge. Plaintiff, an attorney, secured a judgment for defendant against one Blachley, and filed an attorney’s lien thereon for his fees. This action was brought April. 27, -1898, in equity, to foreclose such lien. On May 3, 1898, defendant answered. January-3, 1899, defendant filed a bond releasing the lien, and then made a motion to transfer the cause to the law docket for trial by jury. The motion was overruled.
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Appeal from, Linn District Gourt. — Hon. H. M. Remley, T udge. Plaintiff, an attorney, secured a judgment for defendant against one Blachley, and filed an attorney’s lien thereon for his fees. This action was brought April. 27, -1898, in equity, to foreclose such lien. On May 3, 1898, defendant answered. January-3, 1899, defendant filed a bond releasing the lien, and then made a motion to transfer the cause to the law docket for trial by jury. The motion was overruled. Trial was had' to the court, and judgment rendered in plaintiff’s favor. Defendant appeals.
1Opinion of the CourtWaterman, J.
1 *852 *84This appeal is taken from the refusal of the court to transfer the cause to the law docket, and assign it for trial by jury, after the lien had been released by the filing of the bond. At the time the bond was filed, defendant .filed a supplemental answer setting up the release of the lien, but we do not regard this pleading as of any significance in the case. The claim is made that after the release of the lien by the giving of the bond, the action was reduced to a mere money demand:, and as such was triable by jury. Section 322 of the Code provides for the release of an attorney’s lien…
2Cases cited6 opinions
- Ryman v. LynchSupreme Court of Iowa · 1889
- Frost v. ClarkSupreme Court of Iowa · 1891
- Wilkinson v. PritchardSupreme Court of Iowa · 1895
- Gatch v. GarretsonSupreme Court of Iowa · 1896
- Heath v. HalfhillSupreme Court of Iowa · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Fisher v. TrumbauerSupreme Court of Iowa · 1912
- Eller v. NewellSupreme Court of Iowa · 1913
- Westerlund v. PetersonSupreme Court of Minnesota · 1923
- Brown v. MorganU.S. Circuit Court for the District of Northern Iowa · 1908
- Williamsburg Savings Bank v. DonohoeSupreme Court of Iowa · 1927
8 more not listed; retrieve them via the Exa API.