Getchell v. Clark
Massachusetts Supreme Judicial Court
The parties had, at a former term, submitted this action to referees under a rule of this Court. The referees had heard the parties, and had agreed on a report in favor of the plaintiff for [ * 310 ] damages and costs, which * report was made at the last term of this Court. After the report had been made, the parties settled the action, and the plaintiff gave the defendant a receipt in full of all demands.
1Opinion of the Court
The cause stood over to this term; and now the Court refused his motion, declaring that before judgment, it was very clear that the plaintiff might settle the action, and discharge the defendant, without or against the consent of his attorney, who had no lien on the cause for his fees; that after judgment, if the plaintiff released *239the judgment to the defendant, the law had provided no remedy for him, but an action for his fees against his client. Both parties were called (a).
Rice, for the plaintiff. Mellen, for the- defendant.
Qutere whether the attorney has not in such a case a lien for his…
2Cited by15 opinions
- Henchey v. City of ChicagoIllinois Supreme Court · 1866
- Herbits v. Constitution Indemnity Co. of PhiladelphiaMassachusetts Supreme Judicial Court · 1932
- Elbaum v. SullivanMassachusetts Supreme Judicial Court · 1962
- Stewart v. FlowersMississippi Supreme Court · 1870
- Simmons v. AlmyMassachusetts Supreme Judicial Court · 1869
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