85 Iowa 590 | Iowa | 1892
The appellant contends that Mr. George had full authority to make the settlement, and that the agreement of settlement set out ‘ ‘showed a complete settlement, and took away the remedy in the claim set out in th'e petitions in the two cases;” that, being prevented from paying as agreed by the notice of the attorney’s lien, the only remedy was to apply to the court for an order directing to whom the defendant should make payment, and that the proper way of presenting the matter was by motion and affidavit. The appellees’ contention is that the agreement set out in the defendant’s motion was a new contract, and as such was a mere matter of defense, and should have been set up by answer. If the fact of settlement was not in dispute, and the only question was to whom the appellant should make payment, we are inclined to think that matter could be presented by motion; but the