Leighton v. Serveson
South Dakota Supreme Court
Appeal from circuit court, Sanborn county. Hon. D. Haney, Judge. Action by William Leighton against James Serveson, George W. Corkings and another on an appeal bond. Plaintiff had judgment, and defendant Corkings appeals. The facts are stated in the opinion. The attorney’s lien never attached to funds coming from appellant.
Read the full summary
Appeal from circuit court, Sanborn county. Hon. D. Haney, Judge. Action by William Leighton against James Serveson, George W. Corkings and another on an appeal bond. Plaintiff had judgment, and defendant Corkings appeals. The facts are stated in the opinion. The attorney’s lien never attached to funds coming from appellant. Pirie v. Harkness, 3 S. D. 179. Plaintiff not having notice of the lien had a right to purchase the judgment and thus become the real party in interest to the entire cause of action. He therefore had a right to dismiss the action on his motion. Failing to be permitted to…
1Opinion of the CourtFuller, J.
In justice court plaintiff obtained a judgment for $68.50 against the defendant Serveson, who appealed therefrom to the circuit court, where said judgment was affirmed. Plaintiff’s attorney herein,' S. A. Ramsey, Esq., had at all times exclusive charge of the above mentioned cause, and before the commencement of this action against Serveson, as principal, and Corkings and McAuley, as sureties, upon the undertaking on appeal from the judgment obtained in justice court, an attorney’s lien for $33 was by said Ramsey perfected and made effectual against the judgment debtor, by filing the same as *352p…
2Cited by5 opinions
- Advance Thresher Co. v. SchmidtSouth Dakota Supreme Court · 1897
- Coombe v. KnoxMontana Supreme Court · 1903
- Lown v. CasselmanNorth Dakota Supreme Court · 1913
- Stoddard v. LordOregon Supreme Court · 1900
- Johnson v. Fidelity & Deposit Co.South Dakota Supreme Court · 1933