St. Louis, Iron Mountain & Southern Railway Co. v. Kirtley & Gulley
Supreme Court of Arkansas
Appeal from Pulaski 'Circuit ¡Court, Second Division; Guy Fulk, Judge; 1. Appellees are not entitled to recover under the Act of April 4,1899, Kirby’s Dig., § 4457. Where the attorney for a plaintiff who has settled with the defendant seeks to recover of 'such defendant a reasonable fee, alleging that he had a contract for a contingent fee, he should allege that the contract was made, filed 'and noted on the docket as required by the statute.
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Appeal from Pulaski 'Circuit ¡Court, Second Division; Guy Fulk, Judge; 1. Appellees are not entitled to recover under the Act of April 4,1899, Kirby’s Dig., § 4457. Where the attorney for a plaintiff who has settled with the defendant seeks to recover of 'such defendant a reasonable fee, alleging that he had a contract for a contingent fee, he should allege that the contract was made, filed 'and noted on the docket as required by the statute. It is essential that the notice provided for by the statute or actual notice to the defendant of the attorney’s contingent interest in the suit settled…
1Opinion of the CourtKirby, J.
This appeal involves the construction of our statutes, relating to attorney’s fees, of April 4,1899, section 4457, Kirby’s Digest, and of Act 293 of the Acts of General Assembly of 1909, it being insisted by appellee that the Act of 1899 is repealed by the later one. Said section 4457 provides for the sale of a judgment, or any part thereof, of a court of record, or the sale of any cause of action or interest therein after .suit has been filed thereon, which shall be evidenced by a written transfer, which when acknowledged and filed and noted as provided, shall be full notice .and1 valid .and…
2Cases cited8 opinions
- Fischer-Hansen v. . Bklyn. Heights R.R. Co.New York Court of Appeals · 1903
- Nebraska National Bank v. WalshSupreme Court of Arkansas · 1900
- St. Louis, Iron Mountain & Southern Railway Co. v. BlaylockSupreme Court of Arkansas · 1915
- McNutt v. McNuttSupreme Court of Arkansas · 1906
- Hall v. HuffSupreme Court of Arkansas · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Shultz v. YoungSupreme Court of Arkansas · 1943
- Buchanan v. Beirne Lumber CompanySupreme Court of Arkansas · 1939
- White v. WhiteSupreme Court of Arkansas · 1938
- Purvis v. WallsSupreme Court of Arkansas · 1931
- Johnson v. Missouri Pacific RailroadSupreme Court of Arkansas · 1919
7 more not listed; retrieve them via the Exa API.