Baker v. Cook
Massachusetts Supreme Judicial Court
This was an action of the case against the defendant, late sheriff of this county, for the misfeasance of his deputy, (a) In a statement of facts, upon which the action was submitted to the decision of the Court, the parties agreed that the plaintiff, in October, 1810, recovered judgment in this Court against one Enos Jewell for the sum of 40 dollars damage and 107 dollars 50 cents costs; that Nathaniel Perley, Esq., commenced and prosecuted said suit, as attorney to the…
Read the full summary
This was an action of the case against the defendant, late sheriff of this county, for the misfeasance of his deputy, (a) In a statement of facts, upon which the action was submitted to the decision of the Court, the parties agreed that the plaintiff, in October, 1810, recovered judgment in this Court against one Enos Jewell for the sum of 40 dollars damage and 107 dollars 50 cents costs; that Nathaniel Perley, Esq., commenced and prosecuted said suit, as attorney to the plaintiff; that, on the 16th of January, 1811, an execution was issued on said judgment, which Perley retained in his hands…
1Opinion of the CourtDewey, J.
At common law, an attorney has no lien upon a judgment recovered by him for his fees or disbursements; (a) but the statute quoted by the plaintiff’s counsel certainly gives one. Mr. Perley then had a lien on the plaintiff’s judgment- against Jewell, for his fees and the necessary disbursements made by him in the course of the suit. Did his receiving money of the judgment debtor, and paying the same over to the creditor, take the case out of the statute, and discharge his lien ? I think not. If he had any lien upon the judgment, it was upon the whole sum recovered. His directions to Snow, the…
2Cases cited5 opinions
- Martin v. HawksNew York Supreme Court · 1818
- Getchell v. ClarkMassachusetts Supreme Judicial Court · 1809
- Devoy v. BoyerNew York Supreme Court · 1808
- People v. HardenberghNew York Supreme Court · 1811
- Porter v. LaneNew York Supreme Court · 1811
3Cited by10 opinions
- Elbaum v. SullivanMassachusetts Supreme Judicial Court · 1962
- Blake v. CorcoranMassachusetts Supreme Judicial Court · 1912
- Bruce v. AndersonMassachusetts Supreme Judicial Court · 1900
- Tyler v. the Superior CourtSupreme Court of Rhode Island · 1909
- Gammon v. ChandlerSupreme Judicial Court of Maine · 1849
5 more not listed; retrieve them via the Exa API.