Simon v. Chicago, Milwaukee, & St. Paul Railway Co.
North Dakota Supreme Court
Proceedings in District Court, Stark County, Nuessle, L, upon an attorney's lien. From a judgment in favor of tbe plaintiff, tbe defendant bas ap* pealed.
Read the full summary
Proceedings in District Court, Stark County, Nuessle, L, upon an attorney's lien. From a judgment in favor of tbe plaintiff, tbe defendant bas ap* pealed. “This right of discharge exists even though a contingent fee bas been agreed upon, or an irrevocable power of attorney bas been given, or tbe attorney bas rendered valuable services under bis employment, or tbe client is indebted to him therefor, or for moneys advanced in tbe prosecution or defense of tbe action.” 6 C. J. 676, §§ 193, 677, 678; Schouweiller v. Allen, 17 N. D. 510; Gage v. Atwater, 136 Cal. 170; 68 Pac. 581; Price v. Western…
1Dissent
Christianson, Ch. J.
(dissenting), I dissent. In my opinion the record in this case affirmatively shows that the Federal court of this dis*260fcrict first obtained, and has never relinquished, jurisdiction over the controversy before us; and hence, under familiar principles applicable to such situations, that court should be permitted “to determine the controversy, and to fully perform and exhaust its jurisdiction, and to decide every issue or question properly arising in the case,” and dispose of all “proceedings which are ancillary or incidental” thereto. 15 C. J. 1161, 1162.
In order to properly…
2Cases cited10 opinions
- Farmers' Loan & Trust Co. v. Lake Street Elevated RailroadSupreme Court of the United States · 1900
- National Exhibition Co. v. CraneNew York Court of Appeals · 1901
- Greenleaf v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1915
- Railroad v. WellsTennessee Supreme Court · 1900
- Gibson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1904
5 more not listed; retrieve them via the Exa API.