Casar v. Sargeant
Supreme Court of Iowa
Appeal from the Floyd District Court. Plaintiff sues upon a promissory note, and .for money due upon an account for goods sold, &c. After the commencement of the suit, the parties settled, and plaintiff executed to defendant a receipt in full, and, in writing, authorized and empowered his attorneys to discontinue the said action. The case was called for trial, and defendant produced this receipt, and written authority to the attorneys of plaintiff, in evidence.
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Appeal from the Floyd District Court. Plaintiff sues upon a promissory note, and .for money due upon an account for goods sold, &c. After the commencement of the suit, the parties settled, and plaintiff executed to defendant a receipt in full, and, in writing, authorized and empowered his attorneys to discontinue the said action. The case was called for trial, and defendant produced this receipt, and written authority to the attorneys of plaintiff, in evidence. The attorneys of plaintiff objected to it, upon the ground that it had been executed after the commencement of the suit, without…
1Opinion of the Court
"Wright, C. J.
In rejecting the evidence offered, the court erred. By the Code, section 1618, it is provided that an attorney had a lien for a general balance of compensation, upon any papers of his client, which have come into his possession in the course of his professional employment ; upon money in his hands, belonging to his client; and upon money due to his client, and in the hands of the adverse party, in an action or proceeding in which the attorney was employed, “from the time of giving notice of the lien to the party.” Before such notice, in the absence of collusion between the…
2Cited by2 opinions
- Cowen v. BooneSupreme Court of Iowa · 1878
- Hemingway v. Adrian State BankSupreme Court of Iowa · 1928