Lown v. Casselman
North Dakota Supreme Court
An appeal from tbe District Court for Grand Dorks County; Templeton, J. An entry in tbe judgment docket opposite tbe judgment, of an attorney’s lien, is ineffectual to create tbe statutory lien provided. Rev. ■Codes 1905, § 6293. Attorneys’ liens are creatures of tbe statute, and may only be claimed as by statute provided. Rev. Codes 1905, §§ 6293, 6724; 26 Am. & Dng. Enc.
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An appeal from tbe District Court for Grand Dorks County; Templeton, J. An entry in tbe judgment docket opposite tbe judgment, of an attorney’s lien, is ineffectual to create tbe statutory lien provided. Rev. ■Codes 1905, § 6293. Attorneys’ liens are creatures of tbe statute, and may only be claimed as by statute provided. Rev. Codes 1905, §§ 6293, 6724; 26 Am. & Dng. Enc. Law, p. 671; Deeters v. Clarke, 23 S. D. 298, 121 N. W. 788; Alderman v. Nelson, 111 Ind. 255, 12 N. E. 394; Day v. Bowman, 109 Ind. 383, 10 N. E. 126; Lavender v. Atkins, 20 Neb. 206, 29 N. W. 467; Kreuzen v. 42d Street M.…
1Opinion of the CourtGoss, J.
On June 17, 1902, a judgment was entered in this action by Lown, trustee, as plaintiff, against Casselman, defendant. It was the conclusion of considerable litigation. On the day after its entry the attorney of record, O. J. Murphy, filed an attorney’s lien for costs advanced and fees due him from the plaintiff for the aggregate sum of $300. This lien was entitled in the action and filed, and the clerk of the district court then made a notation and docket entry upon the judgment docket that an “attorney’s lien for $300, claimed by O. J. Murphy, attorney for plaintiff.” The judgment debtor,…
2Cases cited5 opinions
- Clark v. SullivanNorth Dakota Supreme Court · 1893
- Cosgrave v. McAvayNorth Dakota Supreme Court · 1913
- Coombe v. KnoxMontana Supreme Court · 1903
- Leighton v. ServesonSouth Dakota Supreme Court · 1896
- Stoddard v. LordOregon Supreme Court · 1900
3Cited by6 opinions
- Greenleaf v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1915
- Jacobsen v. MillerNorth Dakota Supreme Court · 1924
- Grimes Savings Bank v. McHargSupreme Court of Iowa · 1933
- Armstrong v. Eaton (In Re Reinhardt)United States Bankruptcy Court, D. North Dakota · 1987
- Moreau Lumber Co. v. JohnsonNorth Dakota Supreme Court · 1914
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