Lowery v. Illinois Central R. R.
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. M. J. Lowery sued the Illinois Central Railroad Company for damages for personal injuries, and recovered judgment therefor, which was reversed on appeal to this court. Pending another trial of the cause plaintiff settled with the railroad, and released them from further liability, but without the consent of his attorney.
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Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. M. J. Lowery sued the Illinois Central Railroad Company for damages for personal injuries, and recovered judgment therefor, which was reversed on appeal to this court. Pending another trial of the cause plaintiff settled with the railroad, and released them from further liability, but without the consent of his attorney. Plaintiff’s attorney sought to enforce their lien and moved to strike the pleas of release filed by defendant. From a judgment of nonsuit,' plaintiff’s attorney appeals.
1Opinion of the CourtMayfield, J.
This appeal involves the construction and effect to be given to subdivision 2 of section 3011 of the Code, which provides for attorneys’ liens upon suits, judgments, etc. This subdivision reads as follows; “Upon suits, judgments, and decrees for money, they shall have a lien superior to all liens *145but tax liens, and no person shall be at liberty to satisfy said suit, judgment, or decree, until the lien or claim of the attorney for his fees is fully satisfied; and attorneys at law shall have the same right and power over said suits, judgments, and decrees, to enforce their liens, as their…
2Cases cited7 opinions
- Illinois Central R. R. v. LowerySupreme Court of Alabama · 1913
- Fuller v. Lanett Bleaching Co.Supreme Court of Alabama · 1914
- Bailey v. . MurphyNew York Court of Appeals · 1892
- Hanna v. Island Coal Co.Indiana Court of Appeals · 1892
- Potter v. Ajax Mining Co.Utah Supreme Court · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- Miller v. ScobieSupreme Court of Florida · 1943
- Owens v. BoltSupreme Court of Alabama · 1928
- Gulf States Steel Co. v. JusticeSupreme Court of Alabama · 1920
- Hale v. TysonSupreme Court of Alabama · 1918
2 more not listed; retrieve them via the Exa API.