Hurr v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. H. L. Me-Cune, Judge. (1) Tbe attorney’s lien law of 1901 does not vest any right of property in the attorneys for plaintiff, but gives them a lien for the purpose of security only, hence plaintiff has an absolute right to settle her cause of action without the consent of her attorneys.
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Appeal from Jackson Circuit Court. — Hon. H. L. Me-Cune, Judge. (1) Tbe attorney’s lien law of 1901 does not vest any right of property in the attorneys for plaintiff, but gives them a lien for the purpose of security only, hence plaintiff has an absolute right to settle her cause of action without the consent of her attorneys. Laws 1901, p. 46; O’Connor v. Transit Co., 198 Mo. 641. (2) If Rieger and Carmean are entitled to recover at all in this proceeding they cannot recover over $200. Laws 1901, p. 46; O’Connor v. Transit Co., 198 Mo. 641; Curtis v. Railroad, 118 Mo. App. 352; Taylor v.…
1Opinion of the Court
JOHNSON, J-
This is a proceeding to enforce an attorney’s lien for unpaid fees. The petitioners, Eieger and Carmean, were employed by plaintiff, Laura M. Hurr, to prosecute an action in tort against the defendant railway company. They took the case on a contingent fee of fifty per cent, brought suit and prosecuted it in the circuit court. A trial resulted in a verdict and judgment for plaintiff in the sum of $900, and defendant appealed to this court. While the cause was pending on appeal, the parties, without the knowledge or consent of the petitioners, compromised and settled the judgment…
2Cases cited8 opinions
- Wait v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1907
- Curtis v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Taylor v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Yonge v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Tate v. Wabash RailroadMissouri Court of Appeals · 1908
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3Cited by4 opinions
- Belch v. SchottMissouri Court of Appeals · 1913
- Whitecotton v. St. Louis & Hannibal Railway Co.Supreme Court of Missouri · 1913
- Powers v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Stephens v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1911