Rodgers v. Furse
Supreme Court of Georgia
Judgments. Attorney and client. Liens. . Practice. Before Judge Marshall J. Clarke. Fulton superior court. September term, 1888. A suit on a promissory note for $584.35 and interest was brought to the March term, 1888, of Fulton superior court, hy Geo. C. Furse against J. A. Furse, of Barnwell county, South Carolina, and Mrs. H. A. Furse, of Fulton county, Georgia. She was served; J. A. Furse was not.
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Judgments. Attorney and client. Liens. . Practice. Before Judge Marshall J. Clarke. Fulton superior court. September term, 1888. A suit on a promissory note for $584.35 and interest was brought to the March term, 1888, of Fulton superior court, hy Geo. C. Furse against J. A. Furse, of Barnwell county, South Carolina, and Mrs. H. A. Furse, of Fulton county, Georgia. She was served; J. A. Furse was not. On April 21, 1888, Simmons & Corrigan, defendants’ attorneys, filed a plea of the general issue for both defendants, and a plea of set-off for Mrs. Furse; but these pleas were not sworn to. On…
1Opinion of the Court
Simmons, Justice.
Under the facts reported- in this case,, the trial judge did not abuse his discretion in setting aside the judgment, especially as the plaintiff in the case consented to it. If counsel has any lien for fees in the ease, the case can still be tried, and he can secure a judgment therefor. The judgment heretofore taken was for the client’s benefit. If the client sees proper not to prose.cute the suit, then the attorney’s rights arise and he may prosecute the suit in his client’s name for the purpose of recovering h'is fees in the case. The plaintiff may consent for a judgment in…
2Cases cited2 opinions
- Twiggs v. ChambersSupreme Court of Georgia · 1876
- Coleman & Newsome v. RyanSupreme Court of Georgia · 1877
3Cited by3 opinions
- Modlin v. SmithCourt of Appeals of Georgia · 1913
- Bennett v. CannonCourt of Appeals of Georgia · 1966
- Swift v. RegisterSupreme Court of Georgia · 1895