Hurst v. Sheets
Supreme Court of Iowa
Appeal from Wapello District Court. Attorney’s lien: set-ofe-: priority between. — The original petition in this case was by Hurst against Sheets, ■and Trussell assignee of Sheets, to compel defendant ■Sheets, and his said assignee, who held a judgment against plaintiff, to allow as a set-off thereon a judgment -which plaintiff held against Sheets prior to the assignment by the latter to Trussell.
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Appeal from Wapello District Court. Attorney’s lien: set-ofe-: priority between. — The original petition in this case was by Hurst against Sheets, ■and Trussell assignee of Sheets, to compel defendant ■Sheets, and his said assignee, who held a judgment against plaintiff, to allow as a set-off thereon a judgment -which plaintiff held against Sheets prior to the assignment by the latter to Trussell. It was adjudged in this court that the plaintiff was entitled to have this set-off allowed. Hurst v. Sheets cmd Trussell, 11 Iowa, 322. T. B. Perry, Esq., an attorney at law, prior to the…
1Opinion of the CourtDillon, J.
1. Attorney: lien-The general question presented by this record and the only one argued by counsel, is, whether the right to set off the sum recovered in one ° action against that recovered in another between the same parties, is superior to the lien of the attorney for services.
Hurst obtained his judgment against Sheets the same day (Tune 8th) on which Sheets obtained his judgment against Hurst. In point of time, the judgment in favor of Hurst was first rendered. Perry was the attorney of Sheets, and procured his judgment for him. His services and the reasonableness of his charge therefor…
2Cases cited11 opinions
- Martin v. HawksNew York Supreme Court · 1818
- Ballinger v. TarbellSupreme Court of Iowa · 1864
- Nicoll v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1836
- Andrews v. MorseSupreme Court of Connecticut · 1838
- Dunkin v. VandenberghNew York Court of Chancery · 1829
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3Cited by10 opinions
- Cowen v. BooneSupreme Court of Iowa · 1878
- Larned v. City of DubuqueSupreme Court of Iowa · 1892
- Ward v. SherbondySupreme Court of Iowa · 1895
- Hroch v. Aultman & Taylor Co.South Dakota Supreme Court · 1893
- McIntosh v. McIntoshSupreme Court of Iowa · 1931
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