Sandberg v. Victor Gold & Silver Mining Co.
Utah Supreme Court
Appeal from the district court of Juab county, Hon. E. V. Higgins, Judge. Action by plaintiff against defendants in which other attorneys were substituted for appellants. From the order of the court substituting attorneys- appellants appeal. The statute, Secs. 117 and 118, requires notice to the attorney to enable him to present his claims if he has any, but the attorneys in this State have a lien on the cause for their fee.
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Appeal from the district court of Juab county, Hon. E. V. Higgins, Judge. Action by plaintiff against defendants in which other attorneys were substituted for appellants. From the order of the court substituting attorneys- appellants appeal. The statute, Secs. 117 and 118, requires notice to the attorney to enable him to present his claims if he has any, but the attorneys in this State have a lien on the cause for their fee. Such lien existed at the common law and instead of being changed by statute the effect of the statute has been to protect the attorneys still further than at the common…
1Opinion of the Court
After stating the facts as above,
Bartch, J,
delivered the opinion of the court.
The respondent contends that the order made in this case is not a final judgment, and hence not appealable, and that Brown & Henderson were not parties to the original suit. While they were not parties of record in that suit, still they were counsel, and were parties to the proceedings wherein the order complained of was made. The same question was raised between practically the same parties in the case (decided at the present term) of the Victor Gold and Silver Mining Company v. The National Bank of the Republic,…
2Cases cited14 opinions
- Coughlin v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1877
- Randall v. . Van WagenenNew York Court of Appeals · 1889
- Pulver v. . HarrisNew York Court of Appeals · 1873
- Henchey v. City of ChicagoIllinois Supreme Court · 1866
- Shank v. . ShoemakerNew York Court of Appeals · 1859
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3Cited by3 opinions
- White v. AikenSupreme Court of Georgia · 1943
- Jeffries v. Third Judicial Dist. Court of Salt Lake CountyUtah Supreme Court · 1936
- Mountain States Supply Co. v. Nuttall-Allen Co.Utah Supreme Court · 1924