155 Iowa 312 | Iowa | 1912
It is conceded that under the' contract between plaintiffs and Alice Royder, plaintiffs became entitled to receive from her as attorney’s fees one-half the amount recovered by her in her action against this defendant, or received by her under any settlement of the suit which she should make; and that a settlement was made, by which defendant paid $1,500 in settlement of the suit. It is also conceded that in said action, brought by Alice Royder against this defendant, plaintiffs, as attorneys, gave proper notice of a claim for attorney’s fees on any judgment which should be recovered and upon any
The provision in the Code, relating to attorney’s lien, is as follows: “Sec. 321. An attorney has a lien for a general balance of compensation upon: . . . Money due his client in 'the hands of the adverse party . . . from the time of giving notice in writing to such adverse party . . . which notice shall state the amount claimed, and in general terms, for what services.”
From these eases, it is clear that the plaintiffs in the case before us had given sufficient notice to entitle them to a lien for whatever amount was due to them from their -client, and that under this notice the defendant entered into a settlement with the client at his peril. If he assumed that $200 would cover the entire amount of plaintiffs’ valid claim, he did so at his own risk. Plaintiffs’ contract with their client being perféctly valid and enforceable, so far as appears from this record, to the extent of $750, we ■see nothing to excuse the defendant from the payment of that amount.