115 Mich. 669 | Mich. | 1898
Plaintiffs, who were in May, 1893, doing business in Detroit, under the firm name of S. Simon &
It appears that Mr. Canfield, an attorney residing at Alpena, had been employed in June, 1893, through Sloman & Duffie, for plaintiffs, to assist them in the litigation against the defendants in those lien suits. Canfield, as plaintiffs’ attorney, had demanded the mortgaged property, and, being refused, commenced the trover suit, signing, under instructions, the writ by which such suit was commenced, ‘ Sloman & Duffie, Attorneys for Plaintiffs, Frank Emerick and I. S. Canfield, of counsel.” Sloman & Duffie drew the declaration in said cause, signing and indorsing the same in like manner, and sent it to Canfield for filing and service. The notice of retainer and plea in both of said causes were directed to and served upon Canfield, who noticed the cases for trial, filed notes of issue with the clerk, opposed the application of defendants, looked up the testimony for plaintiffs by their re
We are satisfied that the court was not in error in instructing the jury that Mr. Canfield was employed as attorney and counsel in the suits in question. The court left it for the jury to determine what those services were worth. The only question which we need discuss is whether Mr. Canfield, as plaintiffs’ attorney, has a lien for his services upon the judgment obtained by the plaintiffs against the defendants. The contention of counsel for plaintiffs seems to be that Mr. Canfield, being merely counsel in the case, had no lien upon the judgment. A similar case was before this court at the October term, 1896, in a mandamus proceeding. Heavenrich v. Alpena Circuit Judge, 111 Mich. 163. There the same question
Judgment affirmed.