Twiggs v. Chambers
Supreme Court of Georgia
Attorney and client. Fees. Lien. Before Judge Gibson. Richmond Superior Court. October Term, 1875. In February, 1875, Caroline Z. Fogartie employed plaintiffs in error, as her attorneys at law, to bring an action against John A. Chambers for the recovery of a certain valuable trotting stallion and racer known as “Hickory Jack,” of which horse she held a bill of sale from the said Chambers.
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Attorney and client. Fees. Lien. Before Judge Gibson. Richmond Superior Court. October Term, 1875. In February, 1875, Caroline Z. Fogartie employed plaintiffs in error, as her attorneys at law, to bring an action against John A. Chambers for the recovery of a certain valuable trotting stallion and racer known as “Hickory Jack,” of which horse she held a bill of sale from the said Chambers. Mrs. Fogartie stated at the time she retained them that she was poor, and consequently unable to pay anything as fees unless a, recovery was- had. They examined into the case, and becoming satisfied of her…
1Opinion of the Court
Bleckley, Judge.
“ Upon all suits for the recovery of real or personal property, and upon all judgments or decrees for the recovery of the same, attorneys at law shall have a lien on the property recovered,” etc.: Code, section 1989. The lien on the property is not perfect until after recovery; but there is a lien on the suit which is perfect at once, and the lien on the property is inchoate. Especially is this so when, as in the present case, there is a special contract for the payment of the attoney’s fee out of the proceeds of the suit.
Notwithstanding some incompleteness in the expression,…
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