Noftzger v. Moffett

Citations

• 63 Kan. 354
• 65 P. 670
• 1901 Kan. LEXIS 150

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fees and Salaries — Attorney's Lien Sustained. Where a party intervenes in an attachment proceeding and claims the attached property, and ultimately obtains an order and judgment for the recovery of the same or its value, the property having in the meantime been converted into money by order of the court, the proceeds being in the hands of the attaching party, and where the attorney for the intervening party claims and gives due notice of an attorney’s lien, the fund in the hands of the attaching party arising from the sale of the attached property becomes subject to the attorney’s lien.</p> <p>2. -Notice of Lien. A written notice of an attorney’s lien served on the attorney of record of the adverse party holding the funds is sufficient.</p> <p>3. -Proof of Amount Due Attorney. Where the character and importance of the litigation, the labor and time expended by the attorney therein and the result of the same are shown or conceded, the court has a basis for determining the value of the services rendered by the attorney without the opinion of experts as to such values; and where it thus appears that the attorney was entitled to a substantial recovery for such services, the court errs in holding that he was not entitled to recover anything.</p>