170 Ga. 153 | Ga. | 1930
In tbis case the plaintiff in error challenges the correctness of the judgment of the superior court in holding that the plaintiff in error, who is an attorney at law, had no lien or claim for attorney’s fees against the defendant in error. In the court below in the case of Georgia Chemical Works ét' al. r. Mrs. O. B. Peniek et al., L. D. Wallace and C. H. Baldwin were appointed receivers, and made a report in which they asked the allowance of named compensation for each of said receivers, to the amount of which objection was made by the judgment creditors upon the ground that the compensation asked' ánd' awarded the receivers was excessive. The plaintiff in error "intervened in this proceeding by asking that his lien for attorney’s fees be equitably foreclosed against the Georgia Chemical Worksj for services rendered by him to said Georgia Chemical Works in the case of Geor
Though the record in this case is very voluminous, it is clear, upon careful consideration of the evidence and all of the various pleadings brought up in the record, that the only material features in the case are confined within the compass of a very small circle. In the bill of exceptions it is stated that the issues of law and fact raised by the objections and the intervention of the plaintiff in error were heard by the judge without the intervention of a jury and without the consent of the plaintiff. As to this point, it appears from the record and is stated in the judgments of the court that the hearing was without the intervention of a jury, by consent of all parties; and under a well-settled rule, where there is conflict between statements in the bill of exceptions and those contained in the record, the latter must prevail. Furthermore, the hearing of the present petition to fix fees is a mere continuation of the original equitable petition of Georgia Chemical Works et al. v. Penick et al., and is a part of'it; and it appears from the judgment rendered in this case, September 11, 1928, that “this court by consent of the parties is passing upon all questions of law and fact.” Intervenors take the case in the condition in which they find it when they intervene.
It will be noted that the plaintiff in error excepts to tire former judgments rendered on July G, 1928, and September 11, 1928, as well as to the judgment rendered by the court at the December term, 1928. The attempt to review the judgments of July and September, 1928, is futile; for, as appears from the record, no exceptions pendente lite were filed and the exceptions came too late, both the June .term at which the judgment of July 6 was
Judgmmt affirmed.