Wallace v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Iowa
Appeal from Woodbury District Court.- — IJon. Drank E. Gaynor, Judge. 1 Plaintiffs rendered services as attorneys for Susan O. Adams, administratrix of the estate of her dteceased husband in prosecuting a claim against appellant for causing his death. Upon the first trial of the case a judgment was recovered against the appellant, upon which attorneys’ liens were duly filed.
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Appeal from Woodbury District Court.- — IJon. Drank E. Gaynor, Judge. 1 Plaintiffs rendered services as attorneys for Susan O. Adams, administratrix of the estate of her dteceased husband in prosecuting a claim against appellant for causing his death. Upon the first trial of the case a judgment was recovered against the appellant, upon which attorneys’ liens were duly filed. Thereafter the case was reversed by this court, and a retrial had, which resulted in a verdict and judgment for the appellant, from which an appeal to this court was duly taken. Afterwards, and before further action was…
1Opinion of the Court
Sjierwin, T.
2 But two questions are presented for our determination. It is first contended that no liens exist, because the action is based upon a contract, entered into subsequent to the filing of the liens, and because at the time of the settlement in question there was no claim or judgment pending against the appellant, and because it had no money due the administratíix; and, further, because the amount which was given her was a donation, and paid after all claim or possible cause of action against it had been finally determined. The case is similar in many respects to Wins-low v. Railway…
2Cases cited7 opinions
- Boardman v. ThompsonSupreme Court of Iowa · 1868
- Adye v. HannaSupreme Court of Iowa · 1877
- Larned v. City of DubuqueSupreme Court of Iowa · 1892
- Winslow v. Central Iowa R'y Co.Supreme Court of Iowa · 1887
- McDonald v. Chicago & Northwestern RailroadSupreme Court of Iowa · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wunschel Law Firm, P.C. v. ClabaughSupreme Court of Iowa · 1980
- Graham v. Dubuque Specialty Machine WorksSupreme Court of Iowa · 1908
- Iowa Supreme Court Board of Professional Ethics & Conduct v. HoffmanSupreme Court of Iowa · 1997
- Mock v. HigginsAppellate Court of Illinois · 1954
- Ryan v. Pennsylvania RailroadAppellate Court of Illinois · 1932
3 more not listed; retrieve them via the Exa API.