Fillmore v. Wells
Supreme Court of Colorado
Appeal from, District Court, Arapahoe County. In the year 1875, Wells & Smith, attorneys at law, instituted a suit in equity in behalf of John Norman and John Septer Fillmore, then minor heirs of John S. Fillmore, deceased, against John J. Beithman, to recover certain premises situated in the city of Denver, and also rents and profits wrongfully collected and withheld. They were employed for this purpose by the guardian of said minor heirs.
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Appeal from, District Court, Arapahoe County. In the year 1875, Wells & Smith, attorneys at law, instituted a suit in equity in behalf of John Norman and John Septer Fillmore, then minor heirs of John S. Fillmore, deceased, against John J. Beithman, to recover certain premises situated in the city of Denver, and also rents and profits wrongfully collected and withheld. They were employed for this purpose by the guardian of said minor heirs. Various steps were taken in the suit, extending through a series of years, but finally terminating successfully. In the year 1880 a decree was entered…
1Opinion of the CourtHelm, J.
The nature and scope of the attorney’s lien at common law have been considered in a large number *231of cases. Upon, some of the various questions involved in such consideration there is no little contrariety of judicial opinion. But this lien in Colorado is regulated by statute; and several of the matters upon which such diversity of opinion exists are thus effectively put at rest.
Our statute recognizes both the general and special branches of the attorney’s lien as it was enforced at the common law; but in some important particulars this lien under the statute is much more complete and…
2Cases cited10 opinions
- Green v. TaneySupreme Court of Colorado · 1883
- Exchange Bank v. FordSupreme Court of Colorado · 1884
- Humphrey v. BrowningIllinois Supreme Court · 1868
- Forsythe v. BeveridgeIllinois Supreme Court · 1869
- Boston & Colorado Smelting Co. v. PlessSupreme Court of Colorado · 1885
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3Cited by56 opinions
- Ross v. ScannellWashington Supreme Court · 1982
- Collins v. ThuringerSupreme Court of Colorado · 1933
- Curtis v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Davis Cattle Co., Inc. v. Great Western Sugar CompanyDistrict Court, D. Colorado · 1975
- Scott v. KirtleySupreme Court of Florida · 1933
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