Epp v. Hinton

Citations

• 102 Kan. 435
• 170 P. 987
• 1918 Kan. LEXIS 60

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Attorneys’ Lien — Enforcement—No Formal Pleadings Required. An. application to enforce a lien of attorneys upon the proceeds of a judgment obtained by their services may be made in the case wherein the judgment was rendered, without formal, pleadings, as is provided in section 485 of the General Statutes of 1915. ,</p> <p>2. Same — Neither Party Entitled to Jury. Being a special statutory proceeding of an equitable nature, neither party is entitled to a trial by jury as a matter of right.</p> <p>8. Same — Value of Legal Services — Hypothetical Questions. A party may not complain of a ruling on an objection to a hypothetical question as to the value of legal services, which was not made when the evidence was offered.</p> <p>4. Same — Value of Services — Expert Testimony — Personal Knowledge of Court. While the court should give due consideration to the opinions of experts and the evidence of other witnesses as to the value of legal services, it is not controlled by such evidence, as the court itself is an expert as to the value of attorneys’ services and may apply its own knowledge and professional experience in determining the value of the services rendered.</p> <p>5. Same — Elements Entering into Value of Legal Services. The elements entering into the value 6f legal services are ordinarily the character and importance of the litigatioh, the time and labor necessarily involved, the expense incurred in the performance of the services, the results obtained, and, where such is the agreement, that the recovery of compensation depends upon the contingency of the success achieved.</p> <p>6. Same — Findings and Judgment Sustained. The testimony, examined, and held to be sufficient to sustain the findings and judgment of the trial court.</p>