Hroch v. Aultman & Taylor Co.

Citations

• 3 S.D. 477
• 54 N.W. 269
• 1893 S.D. LEXIS 3

Syllabus

<p>1. By section 470, Comp. Laws, an attorney is given a lien for bis services in an action by giving a notice in writing to tbe adverse party of his claim for a lien, and, after judgment, by entering the same in the judgment docket opposite the entry of judgment. After the recovery of judgment it is optional with the attorney whether, in order to establish his lien, he will give written notice of such claim for a lien to the judgment debtor or enter the same in the judgment docket.</p> <p>2. When a firm of attorneys retained in an action resulting in the recovery of a judgment in favor of their client give notice in writing to the judgment debtor that 'they claim a lien for their services -in such action, prior to the service of notice of an application by the judgment debtor to set oft the judgment, such attorneys acquire the superior right to the money due from such judgment debtor on the judgment so obtained by them, to tho amount due them for such services, in preference to the judgment debtor’s right of set-off. The decision of this court in Pirie v. Harkness, (S. D.) 52 N. W. Rep. 581, followed.</p> <p>8. On an appeal from an order this court will assume that all the affidavits and evidence used on the hearing in the court below have been transmitted to this court, and will not presume the existence of any evidence not disclosed by the record transmitted.</p> <p>(Syllabus by the Court.</p>