Hutchinson v. Howard
Supreme Court of Vermont
* - This was an action of debt on judgment, against the principal debtor, in which Jacob Kent, Jr., was summoned as trustee, who disclosed, in writing, that a suit having been pending for several terms in Orange county court, in trover, in favor of said Howard, against him, the same was referred, by agreement between them, to arbitrators, who awarded to Howard a certain sum, which was due, in virtue of the award, at the time of the service of the trustee process; that the…
Read the full summary
* - This was an action of debt on judgment, against the principal debtor, in which Jacob Kent, Jr., was summoned as trustee, who disclosed, in writing, that a suit having been pending for several terms in Orange county court, in trover, in favor of said Howard, against him, the same was referred, by agreement between them, to arbitrators, who awarded to Howard a certain sum, which was due, in virtue of the award, at the time of the service of the trustee process; that the arbitrators awarded that each party should pay his own cost in said suit; and that after the service on him of the trustee…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The court is called upon, in the present case, to decide the extent of the attorney’s lien, and how far the same is protected against attachment, under the trustee process.
We do not see how the present case differs from that of a judgement by consent of the parties, or on a report of referees, or indeed, from a judgment in the common course of proceedings in invitum. Upon a question how far the debt- or shall be protected by a bona fide payment, without notice of the lien of the attorney, the question whether the costs of the attorney…
2Cases cited2 opinions
- St. John v. DiefendorfNew York Supreme Court · 1824
- Walker v. SargeantSupreme Court of Vermont · 1842
3Cited by12 opinions
- Prichard v. FulmerNew Mexico Supreme Court · 1916
- Weed Sewing Machine Co. v. BoutelleSupreme Court of Vermont · 1884
- Weeks v. Wayne Circuit JudgesMichigan Supreme Court · 1889
- Greenleaf v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1915
- Stewart v. FlowersMississippi Supreme Court · 1870
7 more not listed; retrieve them via the Exa API.