Hroch v. Aultman & Taylor Co.
South Dakota Supreme Court
Appeal from circuit court, Charles Mix county. Hon. E. G-. .Smith, Judge. Action by James Hroch against the Aultman & Taylor Company. There was a judgment for plaintiff, and his attorneys filed .a lien for their services. On motion, plaintiff’s judgment, less the amount of the attorneys’ lien, was set off against a judgment in favor of defendant and against plaintiff and Richard Perkins, .and defendant appeals. The facts are fully stated in the opinion.
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Appeal from circuit court, Charles Mix county. Hon. E. G-. .Smith, Judge. Action by James Hroch against the Aultman & Taylor Company. There was a judgment for plaintiff, and his attorneys filed .a lien for their services. On motion, plaintiff’s judgment, less the amount of the attorneys’ lien, was set off against a judgment in favor of defendant and against plaintiff and Richard Perkins, .and defendant appeals. The facts are fully stated in the opinion. An attorney’s lien can only be for a reasonable fee as against the judgment debtor seeking the set-off. Rice v. Day, 49 N. W. 1128. The claim…
1Opinion of the CourtCorson, J.
This is an appeal by the Aultman & Taylor Company from an order of the circuit court, made on the application of said company, to set off mutual judgments. The court below refused to make such set-off to the full amount of the judgment obtained by Hroch against that company, but deducted therefrom the sum of $842.96, on which Messrs. Hoppaugh & Ellis, attorneys for Hroch, claimed a lien for professional services in obtaining said judgment. The facts, as presented by the record, briefly stated, are as follows: On September 3, 1890, the Aultman & Taylor Company recovered a judgment against…
2Cases cited10 opinions
- Nicoll v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1836
- Caruthers v. HensleyCalifornia Supreme Court · 1891
- Puett v. BeardIndiana Supreme Court · 1882
- Kent v. Dakota Fire & Marine InsuranceSouth Dakota Supreme Court · 1891
- Cole v. Custer County Agricultural, Mineral & Stock Ass'nSouth Dakota Supreme Court · 1892
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3Cited by13 opinions
- Alexander v. ClarksonSupreme Court of Kansas · 1917
- Dankwardt v. KermodeSupreme Court of Colorado · 1920
- Clark v. SullivanNorth Dakota Supreme Court · 1893
- Schuler v. CollinsSupreme Court of Kansas · 1901
- Jacobsen v. MillerNorth Dakota Supreme Court · 1924
8 more not listed; retrieve them via the Exa API.