Gray v. Lawson
Supreme Court of Georgia
Motion to enter Judgment for Attorney’s Fees. Decided by Judge Milner. Catoosa Superior Court. May Term, 1867. On the 23d of October, 1866, Mary L. Prestwood, by her next friend, sued John D. Gray and wife, for maliciously prosecuting her for larceny, and imprisoning her under a warrant therefor. The declaration was signed by A. T. Hackett, as her attorney.
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Motion to enter Judgment for Attorney’s Fees. Decided by Judge Milner. Catoosa Superior Court. May Term, 1867. On the 23d of October, 1866, Mary L. Prestwood, by her next friend, sued John D. Gray and wife, for maliciously prosecuting her for larceny, and imprisoning her under a warrant therefor. The declaration was signed by A. T. Hackett, as her attorney. It was called for trial in May, 1867, when it was made known to the Court that the parties had independently of, and without the knowledge of Hackett, settled the case, and defendants’ attorneys proposed to have it entered settled. Hackett…
1Opinion of the CourtWalker, J.
1. There was no evidence that the defendants in the Court below had any notice of the attorney’s lien, prior to the consummation of the settlement. It is not pretended that the settlement was made for the purpose of defeating the collection of the amount which might be due the attorney. Good faith on the part of defendants and their counsel is admitted. Parties cannot, by settlement between themselves, defeat the attorney of any lien or claim under contact with his client, of which the opposite party had notice prior to the consummation of such settlement. Rev. Code, Sec. 1980. An attorney…
2Cited by2 opinions
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