Patten v. Wilson
Supreme Court of Pennsylvania
Error to the Common Pleas of Allegheny county. This was an attachment execution issued by a justice of the peace on a judgment in favour of James Patten, for the use of John South, against Thomas M-WnlfL-whioh was-servod-on-William Wilson, as garnishee. The garnishee appealed from the judgment of the justice.
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Error to the Common Pleas of Allegheny county. This was an attachment execution issued by a justice of the peace on a judgment in favour of James Patten, for the use of John South, against Thomas M-WnlfL-whioh was-servod-on-William Wilson, as garnishee. The garnishee appealed from the judgment of the justice. On the 23d March 1858, Thomas M. Wolf, the defendant, recovered a verdict in the District Court of Allegheny county, against William Wilson, the garnishee, for the sum of $100, in an action of trespass vi et armis, for false imprisonment. On the 26th March, Wolf’s…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
Mr. Geyer had ho lien on the fund attached, by virtue of the professional relation betwixt him and and his client, but we think that, under the facts disclosed in his testimony, *300he had an equitable assignment. He wanted more than $100 for his services, but WolfTvdiifd agree to give no more, but that sum he agreed to give “ out of the verdict,” if Geyer would try his cause. Geyer did try the cause, and as between himself and Wolf, he acquired thus an equitable right to receive the $100; Wolf would be estopped from demanding it in face of his…
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