Casey v. March
Texas Supreme Court
Appeal from Panola. The case was tried before Hon. M. D. Ector, one of the district judges. The record of this case is a statement of facts made up under the act of 5th February, 1858, further regulating proceedings in the district court. (Paschal’s Dig., Art. 1516.) The substance of the statement is as follows: Squire W. March brought suit against Bichard S. Van Wey, in the district court of Panola county, and obtained judgment for a large amount in damages.
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Appeal from Panola. The case was tried before Hon. M. D. Ector, one of the district judges. The record of this case is a statement of facts made up under the act of 5th February, 1858, further regulating proceedings in the district court. (Paschal’s Dig., Art. 1516.) The substance of the statement is as follows: Squire W. March brought suit against Bichard S. Van Wey, in the district court of Panola county, and obtained judgment for a large amount in damages. Afterwards, De Witt C. Van Wey, son of Bichard S. Van Wey, employed the appellant to collect several promissory notes in his own name,…
1Opinion of the CourtSmith, J.
It cannot be denied that an attorney at law has a lien upon the papers and documents received by him from his client, and money collected for him in the course of his profession, to secure and pay himself for the fees and disbursements made by him on account of such claims, and to compensate himself for his services in the collection of the money; but this lien, like that of a factor or mechanic, rests upon possession, and cannot vest until possession be obtained, (12 Wend., 261,) and at best only amounts to a right to retain the articles or money in hand, and not one that can be enforced…
2Cases cited6 opinions
- Martin v. HawksNew York Supreme Court · 1818
- St. John v. DiefendorfNew York Supreme Court · 1824
- People v. HardenberghNew York Supreme Court · 1811
- Underwood v. BrowerNew York Supreme Court · 1835
- In re KnabbPennsylvania Orphans' Court, Berks County · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In Re PaschalSupreme Court of the United States · 1871
- Finkelstein v. RobertsCourt of Appeals of Texas · 1920
- Randolph, Bowen & Co. v. RandolphTexas Supreme Court · 1871
- Tex. Mex. R'y Co. v. ShowalterCourt of Appeals of Texas · 1886
- Byrice Sansom v. State, Texas Court of Appeals, 7th District (Amarillo)2007
5 more not listed; retrieve them via the Exa API.