84 Iowa 403 | Iowa | 1892
I. Matters not appearing in the certificate are urged upon our attention in argument and by an additional abstract. These cannot be considered.
The question presented by the certificate is whether the appellant had a lien upon the money due to his client Jennings on the judgment against O. D. Bacon .at the time Jennings assigned the judgment to Charles ■ Stoddard. Section 215 of the Code is as follows: “An .attorney has a lien for a general balance of compen■sation upon, first, any papers belonging to his client which have come into his hands in the course of his professional employment; second, money in his hands belonging-to his client; third, money due his client in the hands of the adverse party or attorney of such party, in an action or proceeding in which the attorney claiming the lien was employed, from the time of .giving notice in writing to such adverse party or attorney of such party, if the money is in the possession or under the control of such attorney, which notice shall state the amount claimed, and, in general terms, for what services; foiwth, after judgment in any ■ court of record, such notice may be given, and the lien made effective against the judgment debtor by • entering the same in' the judgment docket opposite the entry of the judgment,”
The appellant had not served notice as required by this section before the assignment, and therefore did not then have a lien under the statute. His contention is that he had a lien under the common law; that the .statute is not exclusive of but additional to the common law; that the lien was valid as against his client without .notice; and that his client could not assign to Stoddard more than he had, which was the judgment subject to the ’ lien. Two classes of liens are recognized at common law in favor of attorneys, namely, a retaining lien and a -charging lien. A retaining lien gives to the attorney
The judgment of the district court is affirmed.