12 Ga. App. 750 | Ga. Ct. App. | 1913
(After stating the foregoing facts.)
The ruling of the trial court in allowing the case to proceed for the use of plaintiff’s attorney is based upon the court’s interpretation of the law of Georgia relating to the lien of attorneys for their fees. The Civil Code (1910), § 3364, par. 2, provides as follows: “Upon suits, judgments, and decrees for money, they [attorneys] shall have a lien superior to all liens but tax liens, and no person shall be at liberty to satisfy said suit, judgment, or decree until the lien or claim of the attorney for his fees is fully satisfied; and attorneys at law shall have the same right and power over said suits, judgments, and decrees, to enforce their liens, as their clients had or may have for the amount due thereon to them.” Learned counsel for the plaintiff in error insist (Í) that this lien attaches only to the suit, judgment, or decree, and the property recovered for his client, and that it does not attach to the subject-matter of the cause of action; and (2) that the words in the act, “no person,” are intended to mean “no person litigant,”—no defendant, or person occupying the same relative position as the defendant. .We
The second point insisted on by learned counsel for the plaintiff' in error,—that the inhibition is limited to a party defendant or litigant, or some one in Ms behalf,—is not without logical force;.