Legal Opinion

Johnson v. Riddle Ellis

Supreme Court of Alabama

Decided April 22, 1920No. 2 Div. 704PublishedCited by 12 opinions

Appeal'from Circuit Court, Bibb County; B. M. Miller, Judge. Intervention by Riddle & Ellis and others to fix a lien for attorney fees upon a fund paid into court in settlement of a pending action. From tbe decree declaring a lien, Mollie Johnson, one of tbe parties to tlie suit, appeals. Counsel discusses tbe demurrers filed, but without citation of authority. He insists that the question of nonclaim was properly presented.

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Appeal'from Circuit Court, Bibb County; B. M. Miller, Judge. Intervention by Riddle & Ellis and others to fix a lien for attorney fees upon a fund paid into court in settlement of a pending action. From tbe decree declaring a lien, Mollie Johnson, one of tbe parties to tlie suit, appeals. Counsel discusses tbe demurrers filed, but without citation of authority. He insists that the question of nonclaim was properly presented. Sections 2590, 2593, Code 1907; 80 Ala. 173; 78 Ala. 130. Counsel discusses other assignments of error, but without further citation of authority. An attorney is entitled…

1Opinion of the CourtSayre, J.

Appellees filed an intervention, seeking to enforce an alleged lien upon a fund in the registry of the court for services rendered by them in an action of ejectment. As will appear more specifically later on we have not before us all the evidence upon which the circuit judge, sitting in equity, proceeded to a decree. We assume, therefore, in agreement with what must have been the finding in the trial court, that there was no express contract in reference to a fee for prosecuting the ejectment, and that a prior contract between the parties for legal services in and about the foreclosure of a…

2Cases cited4 opinions

  1. Lunday v. JonesSupreme Court of Alabama · 1920
  2. Jackson v. CloptonSupreme Court of Alabama · 1880
  3. Mosely & Eley v. NormanSupreme Court of Alabama · 1883
  4. Hale v. TysonSupreme Court of Alabama · 1918

3Cited by12 opinions

  1. Lewis v. MartinSupreme Court of Alabama · 1923
  2. Panola Land Buying Ass'n v. ClarkCourt of Appeals for the Eleventh Circuit · 1988
  3. Allen v. AllenSupreme Court of Alabama · 1931
  4. Davis v. City of ClearwaterSupreme Court of Florida · 1932
  5. Steele v. First Nat. Bank of MobileSupreme Court of Alabama · 1936

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