State v. National Surety Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Action in intervention, to subject the proceeds of a judgment in favor of the state to an attorney’s lien for services rendered and expenses incurred. _ Temporary restraining order issued and thereafter vacated. The equitable charging lien, which is the one involved in the case at bar, is entirely different from the common-law lien.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Action in intervention, to subject the proceeds of a judgment in favor of the state to an attorney’s lien for services rendered and expenses incurred. _ Temporary restraining order issued and thereafter vacated. The equitable charging lien, which is the one involved in the case at bar, is entirely different from the common-law lien. It rests upon the broad principle that an attorney is entitled in equity to a lien for his fees and disbursements upon the judgment which his services…
1Dissent
SULLIVAN, C. J.,
Dissenting. — I am unable to concur in the conclusion reached by the majority of the court. The majority opinion proceeds upon the theory, as I understand it, that under certain constitutional provisions and under the laws of this state an attorney who has been engaged to prosecute a claim in favor of the state and obtains judgment for *687the state has not an equitable, charging lien against said judgment before it is paid over to the state.
The lien claimed in this case is not claimed under the attorney’s lien law of the state, and the main question to be determined is whether…
2Cases cited12 opinions
- Louisville, Evansville & St. Louis Railroad v. WilsonSupreme Court of the United States · 1891
- Renick v. LudingtonWest Virginia Supreme Court · 1880
- In re WilsonDistrict Court, S.D. New York · 1882
- United States v. WilderU.S. Circuit Court for the District of Massachusetts · 1838
- Everett, Clarke & Benedict v. Alpha Portland Cement Co.Court of Appeals for the Second Circuit · 1915
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