Legal Opinion

Whittle v. Newman

Supreme Court of Georgia

Decided June 15, 1866PublishedCited by 5 opinions

Eule by Attorney against his Client. In Twiggs Superior Court. September Term, 1865. The entire record sent up in this case was as follows: “ Twiggs Supebiob Ooubt, September Term, 1865. “ On motion of counsel for plaintiff, it is ordered that Dr. Elisha N. Mewman show cause on to-morrow morning, if any he have, why he should not pay to L. N. Whittle, as counsel for plaintiff in a case in Twiggs Superior Court, wherein said Newman was plaintiff and the State of Georgia…

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Eule by Attorney against his Client. In Twiggs Superior Court. September Term, 1865. The entire record sent up in this case was as follows: “ Twiggs Supebiob Ooubt, September Term, 1865. “ On motion of counsel for plaintiff, it is ordered that Dr. Elisha N. Mewman show cause on to-morrow morning, if any he have, why he should not pay to L. N. Whittle, as counsel for plaintiff in a case in Twiggs Superior Court, wherein said Newman was plaintiff and the State of Georgia defendant, the sum of three hundred dollars for his counsel fees, and the sum of fifteen dollars paid by said Whittle to take…

1Opinion of the CourtWalker, J.

[1.] This was a proceeding to enforce, by rule, an attorney’s lien upon funds which had been received by his client from the opposite party. “ The attorney’s lien shall attach for his fees and for a general balance on all sums collected, by him, and upon all property recovered by his services, and shall be superior to all other liens thereon.” Code, 1989. That the attorney had a lien upon the money received from the State— “ the property recovered by his services,” is very clear: the only question is as to whether he can enforce it by rule. In this case, he insists that unless he can enforce…

2Cited by5 opinions

  1. Haygood v. HadenSupreme Court of Georgia · 1904
  2. Henson & Henson, P.C. v. MyszkaCourt of Appeals of Georgia · 1981
  3. Breen v. PhillipsSupreme Court of Georgia · 1929
  4. Barge v. OwnbySupreme Court of Georgia · 1930
  5. Henson & Henson, P.C. v. MyszkaCourt of Appeals of Georgia · 1981

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