11 Mass. 236 | Mass. | 1814
At common law, an attorney has no lien upon a judgment recovered by him for his fees or disbursements;
of the same opinion.
agreed that the statute had given to an attorney a lien, on the judgment and execution recovered by him, for his fees and" disbursements in the suit. But this lien, being against common right, ought to receive a strict construction, and not to be extended beyond the necessity of the case. When Mr. Perley had received of the judgment debtor a sum equal to the lien, the remainder due on the execution was discharged therefrom. He could not say he did not receive that sum on account of his fees, &c.
not in Court.
Defendant defaulted.
Getchell vs. Clarke, 5 Mass. Rep. 309. — An attorney has a lien for his costs upon money levied by the sheriff upon the execution, and on the proceeds of judgments and decrees and awards in favor of their client, as well as on papers and documents.—Merif. on Costs, 235. — Dawson on Attys. 142.
In the King's Bench, and the common law side of the Exchequer, the right of set-off is subject to the lien of the attorney for his bill of costs; and these courts will not, in general, allow a defendant to set off his debt and costs in one action against those in another, until the attorney’s bill for business done in the cause wherein he was con. cerned be first discharged. But in the Common Pleas, the lien is holden to be subject to the equitable claims that exist between the parties to the cause. And the Court of Chancery will not interpose the lien further than upon the clear balance which is the result of the equity between the parties. — Merifield on Costs, 236, 237. — Dawson, 142.— Tidd's Pr. 339, 340, 991, 992. — Beame's Costs, 314, 315. — The lien is general for fees, expenses, and costs. — Dawson, 137—142. — See Martin vs. Hawkes, 15 Johns. 405. — Porter vs. Lanc, 8 Johns. 357.— Cole vs. Grant, 2 C. R. 105. — Devoy vs. Boyer, 3 Johns. 247. —13 Johns. 406.—1 Cowen, 206. — 4 Cowen, 416. — 1 Paine Duer, Pr. 197 — 8 Johns. 335.—11 Johns. 547.
Dunklee vs. Locke, 13 Mass. Rep. 525. — Quere: How could this action be maintained by the present plaintiff, who seems to have sustained no injury ?