Dietz v. McCallum

Although, as a general rule, an attorney has no lien for costs as against the adverse party until a judgment is entered, or at least a verdict obtained, and for that reason the parties are at liberty, to settle the suit between themselves before verdict or judgment, yet where such settlement is privately effected with the design of preventing an attorney from obtaining his costs, the court will, notwithstanding the settlement, allow the attorney to go #n and collect the costs in the action, that he may thereby secure himself. Where there is collusion, it can make no difference whether the…