Robertson & Cleary v. Shutt
Court of Appeals of Kentucky
Case 25 — MOTION APPEAL FROM HARRISON CIRCUIT COURT. CITED Myers’s Supp. 685. Session Acts 1871, p. 5. 4 Bush, 16, Stephens & Hermes v. Farrar Bros. CITED Code of Practice, section 407. 2 Parsons on Contracts, 243. 6 Johnson’s Ch’y Rep. 317. 3 Caines, 190, Shermerhorn v. Shermerhorn. 1 Duvall, 89, Harlan v. Lumsden, &c.. 5 Dana, 398, Ely, &c. v. Commonwealth for Horine. 8 Pick. 342. 2 Barb. 258. 16 B. Mon. 354, Finnell, &c. v. Nesbitt, &c.
1Opinion of the CourtChief Justice Hardin
The appellant, W. W. Cleary, having, as the employed attorney of A. O. Robertson, successfully prosecuted an action against the appellees, J. D. Shutt and W. W. Trimble, upon an attachment bond executed by them to secure to Robertson the damage occasioned by the wrongful suing out of an attachment against his property, Robertson assigned to Cleary one hundred and fifty dollars of his judgment as his fee for prosecuting the suit; and Cleary thereupon moved the court to adjudge to him a lien on the judgment, under the act approved January 26, 1866 (Myers’s Supplement, p. 685). The appellees…
2Cases cited1 opinion
- Stephens & Hermes v. Farrar Bros.Court of Appeals of Kentucky · 1868
3Cited by7 opinions
- Wooldridge v. BradburyCourt of Appeals of Kentucky · 1919
- Adams v. LeeIndiana Supreme Court · 1882
- Harlan & Co. v. BennettCourt of Appeals of Kentucky · 1907
- Birkhead v. RingoCourt of Appeals of Kentucky (pre-1976) · 1938
- Gaar, Scott & Co. v. LyonsCourt of Appeals of Kentucky · 1896
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