231 Wis. 106 | Wis. | 1939
Judgment was entered in the circuit court for Kenosha county in favor of the plaintiff for $159.94. A satisfaction of the judgment signed by the plaintiff was filed and satisfaction noted on the judgment docket. One of the attorneys for the plaintiff, who claimed an attorneys’ lien on the judgment for an unstated amount of fees, procured an order to show cause why the satisfaction should not be set aside and the judgment reinstated. The order was based on the attorney’s affidavit stating claim for an attorneys’ lien, and that nothing had been paid the attorneys to apply on the judgment, and on the affidavit of the plaintiff that he had signed the satisfaction on request of his son-in-law on the understanding that it was a paper to^ aid his son-in-law in getting a job, that he could not read, and that the paper was not read to him or its contents stated or explained to him, and that nothing had been paid tO' him on said judgment or for signing the satisfaction. In response to the order to show cause there were filed the affidavit of the son-in-law of plaintiff denying misrepresentation to the plaintiff and stating that the plaintiff knew the contents of the affidavit; the affidavit of the defendant that the plaintiff agreed to sign the satisfaction and had signed it in consideration of the defendant’s agreeing to' pay a claim of $100 owed by the plaintiff to the defendant’s brother; that he had paid his brother $25 upon said claim, and that the defendant had requested the plaintiff’s son-in-law to procure the satisfaction; and the affidavit of one of the attorneys for the defendant that on noticing that the satisfaction was not properly notarized he had taken it to the plaintiff and the plaintiff had told him that the signature was his and that he “was familiar with the transaction and satisfied therewith.” Upon the
On conclusion of this testimony the circuit judge said: “I think Kadwitt & Lepp [plaintiff’s attorneys] have an attorneys’ lien upon the judgment in question, and the motion to set aside the satisfaction of judgment in question and reinstating said judgment is granted.” An order was entered in accordance with this statement, which allowed plaintiff $10 costs of motion.
It is claimed by appellant that the statement of the circuit judge above quoted shows that the court granted the motion on the ground that the plaintiff’s attorneys had an attorneys’ lien on the judgment, and that this being the ground of the ruling the attorneys were not entitled to an order of vacation without showing an agreement for a lien on the judgment and its amount, and that the order having been entered for protection of the attorneys’ rights under their lien, the order should have set the satisfaction aside only so far as necessary to protect their rights.
We cannot say upon the whole record that the order was entered solely for the protection of the attorneys. The show
By the Court. — The order of the circuit court is affirmed.