Smith v. C., R. I. & P. R. Co.
Supreme Court of Iowa
Appeal from Polh Circuit Cov/rt. The plaintiffs were employed by one Johnson to commence and prosecute an action against the defendant for a personal injury. They allege that at the time of the commencement of the action they gave notice to the defendant that they'claimed an attorney’s lien upon money in defendant’s possession due Johnson, for general balance of compensation due them for services as attorneys for Johnson.
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Appeal from Polh Circuit Cov/rt. The plaintiffs were employed by one Johnson to commence and prosecute an action against the defendant for a personal injury. They allege that at the time of the commencement of the action they gave notice to the defendant that they'claimed an attorney’s lien upon money in defendant’s possession due Johnson, for general balance of compensation due them for services as attorneys for Johnson. They allege that after the service of such notice the defendant set- , tied with, and paid, Johnson in full in disregard of their attorney’s lien; that judgment has been…
1Opinion of the Court
Adams, Ch. J.
i. attorney's olfsuffl-106 cieney. I. The defendant claims that the notice of the lien upon which plaintiffs rely is insufficient. • The notice ^8-8 inserted in the original notice, and the service of it was made in connection with the _ serv.}ce 0f ^pe original notice.
The objection is based upon the ground that the original notice can have but one office, and that is to bring the defendant into court; and that anything inserted in the notice not pertinent to this purpose is foreign and extraneous and ought not to be treated as having any force.
The' statute simply requires the…
2Cases cited5 opinions
- Coughlin v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1877
- Henchey v. City of ChicagoIllinois Supreme Court · 1866
- Foot v. TewksburySupreme Court of Vermont · 1829
- Hutchinson v. PettesSupreme Court of Vermont · 1846
- Myers v. McHughSupreme Court of Iowa · 1864
3Cited by13 opinions
- Greenleaf v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1915
- Ahalt v. GatewoodSupreme Court of Kansas · 1921
- Gay v. RayMassachusetts Supreme Judicial Court · 1907
- Anderson v. Itasca Lumber Co.Supreme Court of Minnesota · 1902
- Crosby v. HatchSupreme Court of Iowa · 1912
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