Renick v. Ludington

Citations

• 16 W. Va. 378
• 1880 W. Va. LEXIS 34

Syllabus

<p>l. An attomeyjfhas a lien on the judgment or decree, obtained by him for his client, for services and disbursements in the case, whether the amount of his compensation is agreed upon or depends upon a quantum meruit.</p> <p>g This lien includes not only the amount necessary to pay for his services and disbursements in the case, in which the judgment or decree is rendered, but also the amount necessary to pay for his services and disbursements in any other case, so connected with it as to form the basis on which such judgment or decree is rendered, or essential to the realizing of such judgment or decree.</p> <p>3. This lien of the attorney is subject to all the equitable liens of the defendant in the judgment, existing at the time of the rendition of the judgment or decree.</p> <p>4. Notice to the defendant express or implied of the claim of the plaintiff’s attorney to such lien, before the defendant pays such judgment or decree to the plaintiff, is essential to the maintenance of such lien; but notice of the existence of such lien to the as-signee of such judgment oi^ decree is not essential to the maintenance of such lien against such assignee without notice.</p> <p>i). Such lien may be waived by any arrangement or transaction made by or with the attorney, which satisfactorily shows an intention to waive such lien and rely exclusively on some other security or mode of payment; but such lien will continue to exist, unless a manifest intention, that it shall not continue to exist, appears.</p> <p>6. P.t an attorney, recovers a judgment for It. against L., and after L. becomes totally insolvent, R. assigns this judgment for a valuable consideration to D., who has no notice of the attorney’s lien on this judgment. P., the attorney, then takes the bond of R. for his fees in the case, and at the same time R. confesses a judgment to P, for the amount, and simultaneously he assigns his judgment against L. to his attorney P. to satisfy his fees. These transactions are n