Ahalt v. Gatewood

Citations

• 109 Kan. 328
• 198 P. 970
• 1921 Kan. LEXIS 135

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Attorneys’ Lien — Created Only by Giving Required Statutory Notice. The statute concerning attorneys’ liens supersedes the common law. and furnishes the only means and remedy for securing such lien on a judgment procured by an attorney for his client, and a written notice thereof is essential.</p> <p>2. Same — No Sufficient Notice.Given. The summons in an action on certain notes providing for attorney’s fee in case of suit thereon, had indorsed the following:</p> <p>“Amount claimed $6,617, with interest from August 6, 1906, at 10 per cent per annum, and costs of suit, and $661.70 as attorney’s fee for collection.”</p> <p>Below the clerk’s signature was the following:</p> <p>“Nelson Case, Oswego, Attorney for Plaintiff.”</p> <p>Held, that such indorsement was not a sufficient notice of an attorney’s lien under section 484 of the General Statutes of 1915.</p>