St. Louis, Iron Mountain & Southern Railway Co. v. Hays & Ward
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Dardanelle District; A. B. Priddy, Judge; 1. The petition to set aside, quash or vacate the judgment should have been sustained.
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Appeal from Yell Circuit Court, Dardanelle District; A. B. Priddy, Judge; 1. The petition to set aside, quash or vacate the judgment should have been sustained. Kirby’s Digest, § 4457; Acts 1909, No. 293; 117 Ark. 504; 120 Id. 393; 98 Id. 529; 74 Id. 552; 71 Id. 327; 83 Id. 210; 117 Id. 515; Kirby’s Digest, § 4424. 2. A judgment without notice is void. 58 Ark. 181; 65 S. W. 108; 71 Id. 318; lb. 565; 70 Id. 418; 50 Id, 340; 51 Id. 341; 72 Id. 107; 122 Id. 72; 89 Id. 160. 3. It was error to declare the judgment a lien. Kirby’s Digest, % 6661., 4. The court was without jurisdiction. The statute…
1Opinion of the Court
Hart, J.,
(after stating the facts). It will be remembered that the attorneys entered into a contract with the plaintiffs for a contingent fee, that is to say, they were to receive a certain percentage of the amount recovered over $500. The plaintiffs, without consulting their attorneys and without their knowledge, compromised the suit with the railroad company and received in settlement the sum of $5,000. Pursuant to the agreement, the defendant moved to dismiss the cause of action, and the attorneys objected on the ground that their fee had not been provided for in the settlement. They filed…
2Cases cited7 opinions
- Peri v. New York Central & Hudson River RailroadNew York Court of Appeals · 1897
- Standidge v. Chicago Railways Co.Illinois Supreme Court · 1912
- Wait v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1907
- Matter of KingNew York Court of Appeals · 1901
- O'Connor v. St. Louis Transit Co.Supreme Court of Missouri · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- First National Bank of DeWitt v. CruthisSupreme Court of Arkansas · 2005
- Henry, Walden & Davis v. GoodmanSupreme Court of Arkansas · 1987
- Slayton v. RussSupreme Court of Arkansas · 1943
- Vaughan v. HillSupreme Court of Arkansas · 1922
- Buchanan v. Beirne Lumber CompanySupreme Court of Arkansas · 1939
16 more not listed; retrieve them via the Exa API.