State v. National Surety Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Action in intervention, to subject the proceeds of a judgment in favor of the state to an attorney’s lien for services rendered and expenses incurred. _ Temporary restraining order issued and thereafter vacated. The equitable charging lien, which is the one involved in the case at bar, is entirely different from the common-law lien.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Action in intervention, to subject the proceeds of a judgment in favor of the state to an attorney’s lien for services rendered and expenses incurred. _ Temporary restraining order issued and thereafter vacated. The equitable charging lien, which is the one involved in the case at bar, is entirely different from the common-law lien. It rests upon the broad principle that an attorney is entitled in equity to a lien for his fees and disbursements upon the judgment which his services…
1Opinion of the CourtBudge, J.
One O. Y. Allen was elected at the biennial election held on November 8, 1910, to the office of state treasurer of the state of Idaho for the years 1911 and 1912, and on November 5, 1912, Allen was re-elected to said office for the years 1913 and 1914. The National Surety Company of New York, to insure the faithful performance of all the duties of the office of state treasurer by Allen, furnished a bond to the state of Idaho in the penal sum of $200,000. During Allen’s terms of office as such state treasurer he embezzled from the state of Idaho large sums of money that came into his hands.…
2Cases cited10 opinions
- United States v. HoarU.S. Circuit Court for the District of Massachusetts · 1821
- Inhabitants of Stoughton v. BakerMassachusetts Supreme Judicial Court · 1808
- United States v. GreeneU.S. Circuit Court for the District of Maine · 1827
- Kingsbury v. AndersonIdaho Supreme Court · 1898
- Kerns v. Washington Water Power Co.Idaho Supreme Court · 1913
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3Cited by10 opinions
- State Ex Rel. Williams v. MusgraveIdaho Supreme Court · 1962
- Padgett v. WilliamsIdaho Supreme Court · 1960
- Council of Village of Bedford v. State Ex Rel. ThompsonOhio Supreme Court · 1931
- People ex rel. Stephens v. HoltenIllinois Supreme Court · 1922
- Uintah State Bank v. Ajax, State AuditorUtah Supreme Court · 1931
5 more not listed; retrieve them via the Exa API.