12 Conn. 444 | Conn. | 1838
The facts, as drawn up and agreed to, by the parties in this case, present but a single question. Have the attorneys of the plaintiff in the execution, by whom professional services have been rendered and moneys disbursed, in the progress of the suit which produced the execution, such a claim upon the judgment and execution, as against the defendant therein, as ought to be protected ?
We have believed that the opinion expressed by us, in the case of Gager & al. v. Watson, 11 Conn. Rep. 168. sanctioned this claim of the attorneys; but as this has been doubted, we will consider the question again. We do not say, nor do we believe, that attorneys in any case have a lien upon the judgments and papers of their clients similar to that which manufacturers and others have upon goods and moneys in their hands. We only say, that they have, in certain cases, of which this is one, such a claim upon them as courts of law and equity will protect and enforce, until their lawful fees and disbursements are paid, subject to the equitable rights of others.
This claim, which has been generally denominated a lien, has long been recognized, by the English courts of law and equity ; although the court of King's Bench has extended the claim of the attorney farther than the court of Common Pleas has been willing to follow. And in courts of equity, the precise extent of the lien has not been uniformly recognized. The variety of practice on this subject in the English courts, at length produced a rule of the twelve judges, by which, in 1832, the practice of the court of King's Bench was adopted, as applicable to all the courts. But we think the attorney’s lien, to the extent to which wTe recognize it, has not been denied, in any of the common law courts of England.
In the case of Rumrill v. Huntington, 5 Day 163. Trum
In the case of Pinder v. Morris, 3 Caines’ Rep. 165. the supreme court of the state of New- York held, that if the defendant pay to the plaintiff the debt and costs, after notice from the attorney, he pays in his own wrong ; and this is the principle established or recognized in the two last cases cited from the English books. This subject is well considered, by the same court, in the case of Martin v. Hawks, 15 Johns. Rep. 405.; and the claim of the attorney placed, as we think, upon its true ground. In that case, the attorney is treated in regard to his lien, as the assignee of a chose in action is considered, who takes it subject to all the rights and equities attached to it. And this is considered the true doctrine, by Lord Mansfield, in the case of Welsh v. Hole, Doug. 238. and by Lord Kenyon, in the case of Read v. Dapper, 6 Term Rep. 361. and by the court of errors of the state of New- York, in the case of Nichol v. Nichol, 16 Wend. 446. This principle is entirely consistent with the doctrine of this court in the cases of Rumrill v. Huntington, and Gager &, al. v. Watson.
If we apply this principle to the facts in this case, we cannot fail to discover, that the claims of the attorneys here have not been defeated, by any legal or equitable rights of others; but exist as perfectly against Andrews, the execution debtor, who prosecutes this injunction, as against their own client, Morse. The execution was delivered, by the attorneys, to the officer, with a notice of their lien, and with directions to collect
We shall advise the superior court, that the injunction in this case ought to be dissolved ; and that the plaintiff take nothing by his bill.
Bill to be dismissed.