Potter v. Ajax Mining Co.
Utah Supreme Court
Appeal from tbe Fifth District Court. Juab County, Hon. E. Y. Higgins, Judge. Action by plaintiff against defendant for damages for personal injuries alleged to have occurred through the negligence of defendant. ■ After plaintiff had entered into a written contract with his attorneys, agreeing to give them fifty per cent of any amount recovered, as compensation for services and witness fees advanced, and that he would make no settlement without the consent of both parties to…
Read the full summary
Appeal from tbe Fifth District Court. Juab County, Hon. E. Y. Higgins, Judge. Action by plaintiff against defendant for damages for personal injuries alleged to have occurred through the negligence of defendant. ■ After plaintiff had entered into a written contract with his attorneys, agreeing to give them fifty per cent of any amount recovered, as compensation for services and witness fees advanced, and that he would make no settlement without the consent of both parties to the agreement, plaintiff made a settlement with the attorney for a guaranty company which had insured defendant company…
1Opinion of the Court 1
After stating the facts,
2Opinion of the Court · MinerMiner, J.
Plaintiff’s attorneys base their right to have the order for the dismissal of the action set aside and the case tried upon the issues joined between the parties, under Sec. 135, Rev. Stat. 1898. This section provides that:
‘ ‘ The compensation of an attorney and counselor for his services is governed by agreement, express or implied, which is not restrained by law. From the commencement *429of an action or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his client’s cause of action or counterclaim, which attaches to a…
3Cases cited11 opinions
- Peri v. New York Central & Hudson River RailroadNew York Court of Appeals · 1897
- Randall v. . Van WagenenNew York Court of Appeals · 1889
- Lee v. Vacuum Oil Co.New York Court of Appeals · 1891
- Weeks v. Wayne Circuit JudgesMichigan Supreme Court · 1889
- Coughlin v. New York Central & Hudson River RailroadNew York Court of Appeals · 1877
6 more not listed; retrieve them via the Exa API.
4Cited by13 opinions
- In re EvansUtah Supreme Court · 1913
- Miedreich v. RankIndiana Court of Appeals · 1907
- Miller v. ScobieSupreme Court of Florida · 1943
- Ireland v. MackintoshUtah Supreme Court · 1900
- Burkhart v. ScottWest Virginia Supreme Court · 1911
8 more not listed; retrieve them via the Exa API.