Foot v. Tewksbury
Supreme Court of Vermont
This was an Audita Querela, stating a judgment recovered by the defendant, against the complainants, before a Justice of the Peace, in an action for an assault and battery ; an appeal from that judgment, and a settlement by the mutual agreement of the parties, each agreeing to abandon the suit, and neither paying any thing to the other; and that Tewksbury afterwards procured an affirmance of the judgment in the County Court, and obtained execution, &c. and praying that both…
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This was an Audita Querela, stating a judgment recovered by the defendant, against the complainants, before a Justice of the Peace, in an action for an assault and battery ; an appeal from that judgment, and a settlement by the mutual agreement of the parties, each agreeing to abandon the suit, and neither paying any thing to the other; and that Tewksbury afterwards procured an affirmance of the judgment in the County Court, and obtained execution, &c. and praying that both judgment and execution might be set aside, and holden for nought. On trial in the County Court, upon this complaint, a…
1Opinion of the CourtHutchiNSon, J.
Two questions, only, are presented in this case. The first is, whether the attornies of the original plaintiff had such a lien upon the costs, of which they gave notice to the defendants, that a settlement, such as was made by the parties in this case, was unavailing, and could not prevent the affirmance of the judgment in the county court for the support of the lien ? Second, whether the instructions to the Jury were correct, upon the testimony about intoxication.
The cases in which the Court protect the lien of an attorney for costs, are those in which it is rendered certain that money is…
2Cited by15 opinions
- Musselman v. CravensIndiana Supreme Court · 1874
- Weed Sewing Machine Co. v. BoutelleSupreme Court of Vermont · 1884
- Henchey v. City of ChicagoIllinois Supreme Court · 1866
- Greenleaf v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1915
- Stewart v. FlowersMississippi Supreme Court · 1870
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