Nichols v. Pool

Citations

• 89 Ill. 491

Syllabus

<p>1. Attorney’s men on judgment for fees. An attorney at law has no lien upon a judgment for his fees in the litigation resulting in its recovery.</p> <p>2. Same—lien on papers, lost by their surrender. Even though an attorney at law has a lien on papers placed in his hands to be used in a suit, for his fees, possession of such papers is indispensable, and if he voluntarily surrenders them, his lien is gone.</p> <p>3. Estoppel—by not giving notice of claim. When a debtor makes an assignment of a claim then in litigation to a receiver, pursuant to an order of court, and his attorneys are present at the examination of the debtor, and assist in making the assignment, and give no notice of any claim or secret lien upon the matters assigned for their fees in procuring a decree for its payment, such attorneys will be estopped from subsequently setting up any right to the money when collected under the decree.</p> <p>4. Assignment—debtor making cannot appropriate proceeds differently. Where a debtor, under a decree of court, makes an assignment of a claim for money then in suit, to a receiver, for the benefit of his creditors, this will pass all his interest in a decree afterwards obtained in his name for the money due on such claim, and if he appropriates the money in the payment of his attorneys, he becomes liable in equity for its repayment to his creditors.</p>