Stewart v. Flowers
Mississippi Supreme Court
Appeal from the chancery court of Pike- county, Mii/a-SAPS, J. The appellant assigned the following errors: The court below erred in sustaining the demurrer to the original bill.
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Appeal from the chancery court of Pike- county, Mii/a-SAPS, J. The appellant assigned the following errors: The court below erred in sustaining the demurrer to the original bill. The right of the attorney to his lien on the particular fund received, or subject of the suit sustained, the "decree or judgment, is well-established. 3 Parsons oil Con,, 269, and authorities in notes; Andrews v. Nurse, 12 Conn., 444; Pope v. Armstrong, 3 S. &M., 214, 223. The case here, is a demurrer Siistained to a bill by the attorney and solicitor to enforce a lien for his fees, etc., in a chancery suit to obtain…
1Opinion of the Court
Tarbell, J.:
This case involves the law of the lien of attorneys and solicitors.
In 1869, Oscar J. E. Stewart, filed his bill of complaint in the chancery court of Pike county, against John IT. Flowers and Gabriel, Margaret, Henry, Ann Maria, Susannah, and Haney Flowers, and William Cotton, setting forth in substance :
That complainant is a solicitor in chancery- — that as such solicitor, he was employed by John H. Flowers, in 1859, to prosecute a suit for him, against John D. Farnham, Edmund M. Foster, and Branch Foster, to set aside for fraud, a deed of a certain described lot of land occupied…
2Cases cited27 opinions
- Fitts v. FittsTexas Supreme Court · 1855
- McDonald v. NapierSupreme Court of Georgia · 1853
- Andrews v. MorseSupreme Court of Connecticut · 1838
- St. John v. DiefendorfNew York Supreme Court · 1824
- Fitch v. HillMassachusetts Supreme Judicial Court · 1814
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3Cited by17 opinions
- Fowler v. Lewis's Adm'rWest Virginia Supreme Court · 1892
- Prichard v. FulmerNew Mexico Supreme Court · 1916
- Lehman Bros. v. Tallassee Manufacturing Co.Supreme Court of Alabama · 1879
- Webster v. SweatCourt of Appeals for the Fifth Circuit · 1933
- Renick v. LudingtonWest Virginia Supreme Court · 1880
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