Reports of Cases in the Supreme Court of Nebraska (Volume 5) (Paperback)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1877. Not illustrated. Excerpt: ... Griggs and Ashby v. White. Griggs And Ashbt, Appellees, V. George W. White, APPELLANT. 1. Attorney's Lien. An attorney has a lien upon a judgment to the extent of his reasonable fees and disbursements in the suit in which it was obtained. And this right is paramount to the rights of the parties in the suit. 2.' DEFENDANT CANNOT AVOID MEN BY PAYMENT TO CREDI TOR. Where a defendant against whom judgment has been recovered has notice of such lien, he cannot evade the payment of the sum actually due for such services by payment to the creditor of the amount of the judgment.' 3.: Assignment Op. But where attorneys have rendered services in a case, but have filed no notice of a lien, the mere assignment of their account to parties claiming a lien will not authorize the latter to enforce such claim against the debtor. The right to a Hen against a debtor is restricted to the claim set forth in the notice. This was an appeal from the district court of Jefferson county. Tried below before Pound, J. From the pleadings and evidence in the cause it appears that in 1869, Calhoun and Croxton, attorneys residing in Nebraska City, Otoe county, sent to Griggs and Ashby, at Beatrice, Gage county, a transcript of a.judgment recovered by them in the district court of Otoe county in an action wherein Benjamin F. Hampton was plaintiff and one James Frazier was defendant. In 1873, a decree was rendered in the district court of Jefferson county foreclosing a certain mortgage held by said James Frazier against premises owned by George W. White, in which cause Benjamin F. Hampton appeared as defendant, and it was adjudged that of the amount due from said George W. White to said Frazier, the claim of said Hampton be first paid. Upon this decree Griggs and Ashby, who were attorneys for Hampton...