Legal Opinion

Forrester v. Howard

Court of Appeals of Kentucky

Decided January 10, 1907PublishedCited by 10 opinions

CASE 28. — ACTION BY J. G. FORRESTER AND OTHERS AGAINST E. S. HOWARD AND OTHERS TO ENFORCE A LIEN FOR AN ATTORNEY’S FEE ON LAND RECOVERED IN THE ACTION. Appeal from Harlan Circuit Court. Ml. J. Moss, Circuit Judge. From the judgment plaintiff appeals. POINTS AND AUTHORITIES. I. Frau$ must be plead. (McCarty v. Payne, 5 R., 242.) 2. Power of the court over its orders after the term. (Code Sections 344, 518; Anderson v. Anderson, 57 Ky. 18 (B. M.), 95; Hocker v. Gentry, 60 Ky.

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CASE 28. — ACTION BY J. G. FORRESTER AND OTHERS AGAINST E. S. HOWARD AND OTHERS TO ENFORCE A LIEN FOR AN ATTORNEY’S FEE ON LAND RECOVERED IN THE ACTION. Appeal from Harlan Circuit Court. Ml. J. Moss, Circuit Judge. From the judgment plaintiff appeals. POINTS AND AUTHORITIES. I. Frau$ must be plead. (McCarty v. Payne, 5 R., 242.) 2. Power of the court over its orders after the term. (Code Sections 344, 518; Anderson v. Anderson, 57 Ky. 18 (B. M.), 95; Hocker v. Gentry, 60 Ky. (3 Met.), 463; McGowan v. ■ Penny-baker, 60 Ky., 501; McManama v. Garrett, 60 Ky., 517; Scott v. Scott’s, Executrix, 82…

1Opinion of the Court

Opinion of the Court' by

John D. Carroll Commissioner

Reversing.

The appellants, who are attorneys, were employed by appellees to defend a suit brought against them to recover a tract of land containing 500 acres known as the “Bingham Patent.” They were successful in the defense of the action,'and were allowed a lien on the land for a reasonable fee.' Afterwards, in 1894, they brought this suit, averring that their services were reasonably worth $300, and asked that so much of the land as might be necessary to satisfy the same be sold for that purpose. Pending this action it was agreed that one…

2Cited by10 opinions

  1. Hazzard v. Westview Golf Club, Inc.Supreme Judicial Court of Maine · 1966
  2. Covington Trust Co. of Covington v. OwensCourt of Appeals of Kentucky (pre-1976) · 1939
  3. Hatfield v. RichmondCourt of Appeals of Kentucky · 1917
  4. Brooks v. United StatesDistrict Court, E.D. Kentucky · 1967
  5. Hunter v. HuntCourt of Appeals of Kentucky (pre-1976) · 1944

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