Everett, Clarke & Benedict v. Alpha Portland Cement Co.

Citations

• 225 F. 931
• 141 C.C.A. 55
• 1915 U.S. App. LEXIS 2152

Syllabus

<p>X. Attorney and Client <@=171—Attorney’s Lien-—Origin.</p> <p>An attorney’s general or retaining lien upon the papers of his client has its origin in the inherent power of courts over the relations of attorney and client, and has been long recognized and protected.</p> <p>LEd. Note.—For other cases, see Attorney and Client, Cent. Dig. § 883; Dec. Dig. <0=171. j</p> <p>2. Attorney and Client <0=171—Attorney’s Lien—New York Law.</p> <p>The retaining lien of an attorney upon Ms client’s papers in his possession to secure his charges is recognized in New York.</p> <p>Note.—For other cases, see Attorney and Client, Cent. Dig. § 883; Dec. Dig. <0=173.]</p> <p>3. Attorney and Client <0=171—Attorney’s Lien—Papers and Judgment.</p> <p>The retaining lien of an attorney upon the papers of his client in his possession to secure Ms charge, and his lien on a judgment recovered by Mm, are different in their nature, and rules applicable to the one axe not necessarily applicable to the other; the lien on a judgment not being recognized at common law unless declared by statute, while that on papers is, since the common law only recognizes liens when acquired by possession.</p> <p>[ild. Note.—For other cases, see Attorney and Client, Cent. Dig. § 388; Dec. Dig. <£=171. ]</p> <p>4. Attorney and Client <0=171—Attorney’s Lien—Lien on Judgment— Equity.</p> <p>Apart from statute, courts of equity recognized an attorney’s lien on the judgment secured by him, as courts of common law did not, since possession is not essential to an equitable lien.</p> <p>[Ed. Note.—For other cases, see Attorney and Client, Cent. Dig. § 383; Dec. Dig. <3=171.]</p> <p>5. Attorney and Client @=3-81—Attorney’s Lien-Lien on JUDGMENT-EXTENT.</p> <p>An attorney’s special or charging lien on a judgment recovered by Mm for his client never exceeds costs and fees due him in the particular suit.</p> <p>[Ed. Note.—For other cases, see Attorney and Client, Cent. Dig. |§ 394— 398; Dec. Dig. <0=181.]</p> <p>6. Attorney a