State ex rel. Arthur v. Superior Court

Citations

• 58 Wash. 97
• 107 P. 876
• 1910 Wash. LEXIS 898

Syllabus

<p>Divorce—Attorney’s Fees—Jurisdiction to Determine Amount. Rem. & Bal. Code, § 988, authorizing the court to dispose of the property of the parties to an action for divorce does not give the court jurisdiction to determine the questions of compensation arising between the parties and their attorneys; but Rem. & Bal. Code, § 474, leaving such agreements to the parties in civil actions, applies to actions for divorce; hence, in fixing the attorney’s fee in divorce, the court considers the circumstances and conditions of the defendant, irrespective of the wife’s agreement with her counsel.</p> <p>Same. After awarding a wife a divorce the court has no juris-, diction in the divorce action to amend its decree so as to be a final determination between her and her counsel as to his agreed compensation, although when the parties are properly before the court it can determine the validity and amount of the attorney’s lien upon the judgment.</p> <p>Same—Prohibition—When Lies. In such a case, the attorney not being a party, and having no adequate remedy at law or by appeal, prohibition lies to prevent the amendment of the divorce decree in so far as it affects the attorney’s right to compensation.</p>