State ex rel. Angeles Brewing & Malting Co. v. Superior Court

Citations

• 89 Wash. 342
• 154 P. 603
• 1916 Wash. LEXIS 697

Syllabus

<p>Appeal — Decisions Appealable — Affecting Substantial Rights —Attorney's Lien — Refusing to Strike. The denial of a motion to strike an attorney’s lien upon the judgment, because the present was not the proper time to test the validity of the lien, does not affect any substantial right and is not appealable.</p> <p>Certiorari — When Lies — Proceedings Ancillary to Appeal — Attorney’s Lien — Striking. The denial of a motion to strike an attorney’s lien upon the judgment, pending appeal, for the reason that its validity could not be determined by such motion, being a proceeding ancillary to a case pending on appeal in the supreme court, is subject to review by writ of certiorari.</p> <p>Attorney and Client — Lien—Validity—Determination — Power of Court. The statute being silent as to the procedure to enforce an attorney’s lien upon a judgment, the court may determine the matter in some form of proceeding if the parties are properly brought before it.</p> <p>Same — Lien—Validity—Determination—Procedure — Motion to Strike — Necessary Parties. The validity of an attorney’s lien upon a judgment cannot be tested by plaintiff’s motion to strike the lien, where the judgment subrogated to the rights of the plaintiff two insurance companies to the extent of a specific sum, and they were not made parties to the proceeding although affected by the lien, and other interested parties were compelled to come before the court on six days’ notice, ignoring the statutory notice for litigants; since the motion was an independent proceeding requiring the presence of all interested parties.</p>