Noftzger v. Moffett
Supreme Court of Kansas
Error from Harper district court; G. W. McKay, judge. ¡STATEMENT. This was an action by T. A. Noftzger to enforce an attorney’s lien against a fund which was in the hands of Moffet Brothers.
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Error from Harper district court; G. W. McKay, judge. ¡STATEMENT. This was an action by T. A. Noftzger to enforce an attorney’s lien against a fund which was in the hands of Moffet Brothers. The cause was determined upon the following agreed statement of facts : “1. That on the 20th day of November, 1893, the defendants in this action began a suit in the district court of Harper county, Kansas, against one Frank Boydston for the recovery of an alleged indebtedness to them and that in said action an order of attachment was issued and levied by the sheriff of said Harper county on twenty-three…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J. :
Was the plaintiff entitled to an attorney’s lien on the funds in the hands of the defendants? or, Did the defendants render themselves liable to the plaintiff for the attorney’s fees by ignoring notice of the lien and by the payment of the entire amount in their hands to another? According to the facts stated, the fee was earned in the case in which notice of the lien was given, and the money in controversy, which was in the hands of Moffett Brothers, was money due to Mrs. Boydston, a client of the attorney, as determined in the…
2Cases cited2 opinions
- Kansas Pacific Railway Co. v. ThacherSupreme Court of Kansas · 1876
- Bentley, Hatfield & Bentley v. BrownSupreme Court of Kansas · 1887
3Cited by21 opinions
- Spencer v. CollinsCalifornia Supreme Court · 1909
- Elliott v. Crystal Springs Oil Co.Supreme Court of Kansas · 1920
- Sundgren v. StevensSupreme Court of Kansas · 1911
- Epp v. HintonSupreme Court of Kansas · 1918
- State v. PorterSupreme Court of Kansas · 1907
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