Simmons v. Almy
Massachusetts Supreme Judicial Court
Contract on an account annexed, the only item in which was: “ To board from November 7, 1864, to January 9, 1866, sixty-one weeks at $5 per week, $305.00.” Writ dated February 9, 1866. The action was entered in the superior court at March term 1866, the defendant defaulted at that term, and the case continued on questions arising upon the trustees’ answer, which were finally decided by charging the trustees, until March term 1869, when the default was taken off by order of…
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Contract on an account annexed, the only item in which was: “ To board from November 7, 1864, to January 9, 1866, sixty-one weeks at $5 per week, $305.00.” Writ dated February 9, 1866. The action was entered in the superior court at March term 1866, the defendant defaulted at that term, and the case continued on questions arising upon the trustees’ answer, which were finally decided by charging the trustees, until March term 1869, when the default was taken off by order of court and the defendant answered that the action had been “ settled by the principal parties therein, on or about…
1Opinion of the CourtColt, J.
The first instruction was asked by the plaintiff on the ground, apparently, that her attorney had such a lien upon, or interest in, the pending suit, that without his consent the plaintiff herself could not settle the action so as to deprive the attorney of his right to look to the avails of the suit, as well as to the personal responsibility of the plaintiff, for his costs. But the case does not show any such lien to have existed.at the time *35of the settlement. At common law, the attorney has no lien upon the cause for his fees, either before or after judgment. Getchel v. Clark, 5 Mass. 309.…
2Cases cited3 opinions
- Landrum v. Trowbridge, Dwight & Co.Court of Appeals of Kentucky · 1859
- Getchell v. ClarkMassachusetts Supreme Judicial Court · 1809
- Johnston v. BrannanNew York Supreme Court · 1810
3Cited by16 opinions
- Hastings v. LovejoyMassachusetts Supreme Judicial Court · 1885
- Tanner v. MerrillMichigan Supreme Court · 1895
- Herbits v. Constitution Indemnity Co. of PhiladelphiaMassachusetts Supreme Judicial Court · 1932
- Torphy v. RederMassachusetts Supreme Judicial Court · 1970
- Hanna v. Island Coal Co.Indiana Court of Appeals · 1892
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