Legal Opinion · Dissent

Wurtzinger v. Jacobs

Wisconsin Supreme Court

Decided February 8, 1967Published

1DissentHallows, J.

I dissent from that part of the decision which holds an attorney’s equitable lien upon a judgment is subordinated to a right to contribution asserted as set off against the judgment. In Stanley v. Bouck (1900), 107 Wis. 225, 83 N. W. 298, in discussing the equitable lien of an attorney upon a judgment secured by his services, the court clearly points out that the application to set off one judgment against another is addressed to the sound discretion of a court of equity and went on to state that the setoff “will not be allowed as against an attorney’s equitable lien for services and…

2Cases cited5 opinions

  1. Yorton v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1885
  2. Stanley v. BouckWisconsin Supreme Court · 1900
  3. Gauche v. MilbrathWisconsin Supreme Court · 1900
  4. Bosworth v. TallmanWisconsin Supreme Court · 1886
  5. Rayworth v. GoodrickWisconsin Supreme Court · 1916

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