Woods v. Verry
Massachusetts Supreme Judicial Court
Action of contract on a judgment for costs. The case was submitted to the decision of the court upon the following facts: The attorney of Woods in the suit in which the judgment was recovered took out execution thereon, and before it had run out gave notice to Verry that the judgment and execution belonged to the attorney by virtue of an attorney’s lien for his fees and disbursements in that suit, which had not been paid, being the entire amount of the judgment; and that he…
Read the full summary
Action of contract on a judgment for costs. The case was submitted to the decision of the court upon the following facts: The attorney of Woods in the suit in which the judgment was recovered took out execution thereon, and before it had run out gave notice to Verry that the judgment and execution belonged to the attorney by virtue of an attorney’s lien for his fees and disbursements in that suit, which had not been paid, being the entire amount of the judgment; and that he should look to him for the payment thereof. The execution was in the hands of the attorney at the time of the…
1Opinion of the CourtShaw, C. J.
This case is within the provision of Rev. Sts. c. 88, § 28, securing to an attorney a lien for his unpaid fees and *359disbursements, on any execution lawfully in his hands; and this statute was only a revision and substantially a reenactment of Sts. 1810, c. 84, and 1830, c. 124. The whole amount of this execution, on a judgment for costs, was due to the attorney; the only execution ever issued on the judgment was lawfully in his possession when this suit was brought; the defendant had notice of the attorney’s rightful claim to the amount, and could not honestly or legally defeat that right by a…
2Cases cited2 opinions
- Baker v. CookMassachusetts Supreme Judicial Court · 1814
- Phillips v. KeiferCourt of Appeals of Kentucky · 1859