Boston & Colorado Smelting Co. v. Pless
Supreme Court of Colorado
Appeal from District Court of Park County. On motion to dismiss cause. The attorney who tried this cause in the court below and obtained the judgment for Pless, took a written assignment of one-half thereof as security for his fees. Upon the appeal this attorney employed Stuart Brothers, •and re-assigned to them one-fourth of the judgment to secure their fees. Stuart Brothers rendered valuable services and incurred some expense in connection with the appellate proceedings.
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Appeal from District Court of Park County. On motion to dismiss cause. The attorney who tried this cause in the court below and obtained the judgment for Pless, took a written assignment of one-half thereof as security for his fees. Upon the appeal this attorney employed Stuart Brothers, •and re-assigned to them one-fourth of the judgment to secure their fees. Stuart Brothers rendered valuable services and incurred some expense in connection with the appellate proceedings. Judgment of affirmance was rendered in the supreme court, but a rehearing was after-wards allowed. Subsequent to the…
1Per curiam
The motion to dismiss must be allowed. We are not advised by the record that the company (the judgment debtor) had notice or knowledge of the assignment to Stuart Brothers till after the settlement was made. Placing the assignment upon the files of the district court, and a written reference thereto on the files in this court, could not be regarded, under our laws, as notice to the company of the attorneys’ rights through the assignment-There is nothing before us to show that either of these papers was ever seen by any officer or agent of the company, or the existence thereof mentioned to any…
2Cases cited1 opinion
- Stoddard v. BentonSupreme Court of Colorado · 1883
3Cited by13 opinions
- Fillmore v. WellsSupreme Court of Colorado · 1887
- People Ex Rel. MacFarlane v. HarthunSupreme Court of Colorado · 1978
- Nichols v. OrrSupreme Court of Colorado · 1917
- In Re the Marriage of SmithColorado Court of Appeals · 1984
- Bahas v. Sagen (In Re Durkay)United States Bankruptcy Court, N.D. Ohio · 1981
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