Legal Opinion

Wade v. Kay

Supreme Court of Alabama

Decided June 30, 1923No. 6 Div. 905PublishedCited by 14 opinions

1Opinion of the CourtSomerville, J.

Section 3011 of the Code gives a lien to attorneys on “suits, judgments, and decrees for money,” for services rendered in reference thereto. Though the- lien is given on suits as well as judgments and decrees it is clear that there can be no enforcement of such a lien until the suit has been prosecuted to judgment.

The petition here exhibited is but an appéndage to the main proceeding — the administration of an estate; and though it does not allege that a decree had been rendered in that proceeding allotting to petitioner’s client what she was due to receive from the estate, the trial court…

2Cases cited4 opinions

  1. Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
  2. Alabama City G. & A. Ry. Co. v. BatesSupreme Court of Alabama · 1908
  3. Blount County Bank v. KaySupreme Court of Alabama · 1923
  4. Evans v. Silvey & Co.Supreme Court of Alabama · 1905

3Cited by14 opinions

  1. Frazer v. First Nat. Bank of MobileSupreme Court of Alabama · 1938
  2. Johnson v. GeraldSupreme Court of Alabama · 1927
  3. Cartwright v. HughesSupreme Court of Alabama · 1933
  4. Federal Deposit Insurance v. Equitable Life Assurance Society of United StatesSupreme Court of Alabama · 1972
  5. McGowin v. McGowinSupreme Court of Alabama · 1936

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