In re Winston's Lien
District Court, D. Alaska
I have considered the motion of W. H. Winston to set aside the referee’s order, disallowing the claim of lien of Winston, as attorney, on moneys payable to one A. R. Spaeth, as assignee of H. B. Hendrickson and creditor of the estate of the bankrupt. The lien is claimed for services performed as, attorney at law in securing the allowance of the claims of said Hendrickson.
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I have considered the motion of W. H. Winston to set aside the referee’s order, disallowing the claim of lien of Winston, as attorney, on moneys payable to one A. R. Spaeth, as assignee of H. B. Hendrickson and creditor of the estate of the bankrupt. The lien is claimed for services performed as, attorney at law in securing the allowance of the claims of said Hendrickson. It appears from the record that on June 18, 1920, the creditor Hendrickson, filed with the special referee in bankruptcy several claims against the estate of the bankrupt, amounting, in all, to $706.20, and that on July 26,…
1Opinion of the Court
REED, District Judge.
The lien claimed by Winston in this proceeding is variously called a special, particular, or charging lien in distinction from the retaining or possessory lien recognized at common law. This special, particular, or charging lien is the right of an attorney or solicitor to receive his fees in money expended on behalf of his client from a *484fund recovered through his efforts, and also the right of the court to interfere to prevent payment by the judgment debtor -to the creditors in fraud of his right to the same, and also to prevent and set aside assignments or settlements…
2Cases cited1 opinion
- Stearns v. WollenbergOregon Supreme Court · 1907
3Cited by4 opinions
- Phillips v. JonesAlaska Supreme Court · 1960
- Sheehan v. Estate of GambergAlaska Supreme Court · 1984
- Law Offices of Steven D. Smith, P.C. v. CeccarelliAlaska Supreme Court · 2016
- Rodvik v. Meddleton (In re Rodvik)United States Bankruptcy Court, D. Alaska · 2007