Halsell v. Turner
Mississippi Supreme Court
From the circuit court of Jones county. Hon. Joiin R. Enochs, Judge. Turner, appellee, was plaintiff, and Halsell, appellant, was defendant in the court below. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. Turner employed Halsell to collect a debt due him from the city of Laurel for wages, of which $100 was exempt from execution or garnishment under Code 1892, § 1963, par. 10a.
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From the circuit court of Jones county. Hon. Joiin R. Enochs, Judge. Turner, appellee, was plaintiff, and Halsell, appellant, was defendant in the court below. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. Turner employed Halsell to collect a debt due him from the city of Laurel for wages, of which $100 was exempt from execution or garnishment under Code 1892, § 1963, par. 10a. Halsell brought suit, and collected $116.80, and kept it, claiming that Turner owed him all of it except about $11 as attorney’s fees for services rendered as such on several…
1Opinion of the CourtTruly, J.
The rule in this state has always been that an attorney has a lien on the funds of his client for the services rendered in the proceeding by which the money was collected. Dunn v. Vannerson, 7 How., 579; Pope v. Armstrong, 3 Smed. & M., 223; Cage v. Wilkinson, Id., 223; Stewart v. Flowers, 44 Miss., 518 (7 Am. Rep., 707). This lien applies so long as the attorney has the funds in his possession, and is paramount to any other claim. The rule is the same whether there exists an express contract between attorney and client for a stated fee or whether there is only an implied contract to pay the…
2Cases cited1 opinion
- Stewart v. FlowersMississippi Supreme Court · 1870
3Cited by10 opinions
- Tyson v. MooreMississippi Supreme Court · 1993
- Webster v. SweatCourt of Appeals for the Fifth Circuit · 1933
- Pickering v. Langston Law Firm, P.A.Mississippi Supreme Court · 2012
- Chattanooga Sewer Pipe Works v. DumlerMississippi Supreme Court · 1929
- Collins v. SchneiderMississippi Supreme Court · 1939
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