164 Ga. 324 | Ga. | 1927
[After stating the foregoing facts.]
Attorneys at law in this State have liens, (a) on all papers and money of their clients in their possession, for services rendered to them; (b) on all suits, judgments, and decrees for money, which can not be satisfied until their liens are fully satisfied; and attornejrs have the same right and power over the same, to enforce their liens, as their clients had or may have, for the amounts due thereon to them; (c) upon all suits for the recovery of real or personal property, and upon all judgments and decrees for the recovery of the same, for their fees, superior to all other liens, except liens for taxes, which may be enforced “as liens on personal and real estate, by mortgage and foreclosure, and the property recovered shall remain subject to said liens unless transferred to bona fide purchasers without notice;” and (d) attorneys at law, employed and serving in defense against suits, have the same liens and means of foreclosure which are allowed to attorneys at law who are employed to sue for any property, if the defense is successful. Civil Code (1910), § 3364. The lien asserted by the plaintiffs is based upon that provision of the above section which gives to attorneys liens upon suits for the recovery of real or personal property, upon all judgments or decrees for the .recovery of the same, and on the property recovered. Unless the petition in this case sets forth. a state of ' facts which brings the case within the terms of this provision of the code section, it must fail as a suit to foreclose a lien. This statute, creating liens in favor of attorneys at law, is in derogation of the common law, and is to be strictly construed. Brown v. Georgia, Carolina & Northern Ry. Co., 101 Ga. 80, 83 (28 S. E. 634). The mere engagement by a prospective suitor of an attorney at law, upon a contingent fee, does not create a lien for fees in favor of the latter, in the cause-of action respecting which he is employed; but upon the filing of a suit by him a lien attaches in his favor in such suit, which the plaintiff and defendant are not at liberty to settle so as to defeat the attorney’s claim for fees. Brown v. Georgia, Carolina & Northern Ry. Co., supra.
This court has held that an attorney is not entitled to a lien upon land for obtaining a restraining order to prevent the sale thereof, when such order was subsequently dissolved, though the delay enabled the client to arrange to prevent the sale. Hodnett
The liens of attorneys at law upon real estate recovered by them for clients may bo enforced by them “as liens on personal
In view of what is said above, the petition set forth a cause of action, and sought substantial equitable relief against the defendant which resides in Eulton County. It follows that the trial judge did not err in overruling the demurrer to the petition.
Judgment affirmed.