Petty Investment Co. v. Miller

MAUGHAN, Justice:

This is an appeal from a judgment dismissing plaintiff’s claim for attorney’s fees. The claim arises from services rendered by plaintiff’s attorney in seeking to have a lien declared invalid. We reverse and remand fqr the award of attorney’s fees. No costs awarded. All statutory references are to Utah Code Annotated, 1953.

Plaintiff, Petty Investment Company, brought an action in district court against Melvin Miller, doing business as Miller Sales. Petty claimed, (1) a lien recorded by Miller was invalid as against Petty, (2) Petty was entitled to damages pursuant to 38-1-24,…