Legal Opinion

Voell v. Kelly

Wisconsin Supreme Court

Decided December 1, 1885PublishedCited by 9 opinions

APPEAL from the Circuit Court for Fond du Lao County. The case is fully stated in the opinion. contended, inter alia, that an attorney has a lien upon a judgment obtained for his client, and that such lien is not measured by the taxable costs. If the value of his services is fixed, he has a lien for that amount; if not fixed, he has a lien for what they are reasonably worth, liooney v. Second Ave. F. do. 18 N. Y. 3G8; Waned v. Syme, 9 IIow.

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APPEAL from the Circuit Court for Fond du Lao County. The case is fully stated in the opinion. contended, inter alia, that an attorney has a lien upon a judgment obtained for his client, and that such lien is not measured by the taxable costs. If the value of his services is fixed, he has a lien for that amount; if not fixed, he has a lien for what they are reasonably worth, liooney v. Second Ave. F. do. 18 N. Y. 3G8; Waned v. Syme, 9 IIow. Pr. 16; Haight v. Holcomb, 10 id. 113; Fox v. Fox, 24 id. 409; Marshall v. Meeoh, 51 N. Y. 140; Williams v. Ingersoll, 89 id. 508; Hall v. Ayer, 9 Abb.…

1Opinion of the CourtCole, C. J.

The attorney for the plaintiff insists that the order denying the motion to set aside the satisfaction of the judgment herein, and for leave to issue an execution for the amount remaining unpaid on the same, should be reversed *505for three reasons: (1) Because tbe plaintiff’s attorney bad a lien upon tbe judgment for bis fees in tbe case, and tbe satisfaction was in fraud of bis rights; (2) because tbe satisfaction was without consideration and not binding upon tbe plaintiff; and (3) because tbe satisfaction was obtained through collusion and fraud with intent to cheat tbe plaintiff out of a…

2Cases cited3 opinions

  1. Coughlin v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1877
  2. Kusterer v. City of Beaver DamWisconsin Supreme Court · 1883
  3. Watkins v. BrantWisconsin Supreme Court · 1879

3Cited by9 opinions

  1. Miedreich v. RankIndiana Court of Appeals · 1907
  2. Jackowski v. Illinois Steel Co.Wisconsin Supreme Court · 1899
  3. Bennett v. Sinclair Nav. Co.District Court, E.D. Pennsylvania · 1940
  4. Smelker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1900
  5. Murray v. BuellWisconsin Supreme Court · 1890

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