43 Vt. 169 | Vt. | 1870
The opinion of the court was delivered by
This action is covenant, on a warranty deed from the defendant to the plaintiff, of certain land in Groton, declaring that the defendant had no title to the lot which the deed purports to convey. The defendant was defaulted and the action continued from term to term, to the June term, 1870. On the 9th day of April, 1870, the defendant purchased the land in question, and paid the plaintiff the price agreed on, which purchase and payment the parties agreed should be a full settlement of this suit, and in that settlement it was further agreed that each party should pay his own costs. At said June term, Leslie & Rogers, who had been and were counsel for the plaintiff in the suit, claimed a judgment in favor of the plaintiff against the defendant for the benefit of said counsel, notwithstanding said settlement. Leslie &, Rogers claimed this upon the ground that the settlement had been made/as they alleged, in disregard or in fraud of their lien, as attorneys, for their reasonable fees and expenses in the cause. We think that no such lien existed in this case as in law'would bind the defendant, or prevent his making a Iona fide settlement of the litigated claim. At the time of the settlement no judgment had been perfected. The entry of the default did not constitute a perfect'judgment. Such entry would authorize making up the judgment at such time as the court should direct, and for such sum in damages as might be found from the evidence the plaintiffs should recover. In Young v. Dearborn, 7 Foster, 324, cited by the plaintiff’s counsel, the court decided that the order that judgment be rendered on the verdict would take effect from the date of the order, and would be deemed the judgment so far as to give the attorney a lien for his fees and disbursements in the suit, provided such lien was in other respects established. It would seem upon principle and adjudged cases, that ordinarily, even after final judgment has been rendered, notice, to the judgment debtor, of the attorney’s lien, is necessary in order to protect it against a bona fide settlement and payment of the debt by the debtor, made in ignorance of the existence of such lien. The attorney of the
The judgment of the county court is reversed and judgment for the defendant to recover his costs.