Legal Opinion

Brahan v. National Life & Accident Ins.

Mississippi Supreme Court

Decided October 15, 1920No. 21560Published

Appeal from circuit court of Lauderdale county. Hon. B. W. Heidelberg, Judge. . Claim by F. Y. Brahan, attorney, to lien on judgment rendered in suit by one Thomas against the National Life & Accident Insurance Company. Judgment for defendant, and plaintiff appeals.

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Appeal from circuit court of Lauderdale county. Hon. B. W. Heidelberg, Judge. . Claim by F. Y. Brahan, attorney, to lien on judgment rendered in suit by one Thomas against the National Life & Accident Insurance Company. Judgment for defendant, and plaintiff appeals. The testimony is fully set out in the short record, but I submit, with much earnestness, that, under the1 case of Harris v. The Oil Company in 78 Miss., page 603, I had an equitable lien on the judgment I had procured and after notice to Mr. McCall, Attorney, for the insurance company, it bound my claim to the money in his hands…

1Opinion of the CourtHolden, J.

Mr. Brahan, an attorney, appeals from a judgment peremptorily denying him recovery for seventy-five dollars, claimed as a fee for services rendered in a suit by one Thomas against the appellee.

The case is simply this: Attorney Brown sued the appellee insurance company for Thomas in the justice court and obtained a judgment for one hundred and ninety-nine dollars. Upon appeal to the circuit court Attorney Brown assumed the role of witness, and the appellant Brahan was employed by Brown to take his place as attorney in the case. Judgment was rendered for two hundred dollars against the appellee…

2Cases cited2 opinions

  1. Halsell v. TurnerMississippi Supreme Court · 1904
  2. Harris v. Hazlehurst Oil Mill & Fertilizer Co.Mississippi Supreme Court · 1900

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