64 Wis. 504 | Wis. | 1885
The attorney for the plaintiff insists that the order denying the motion to set aside the satisfaction of the judgment herein, and for leave to issue an execution for the amount remaining unpaid on the same, should be reversed
Tbe action was for damages for a personal injury to tbe plaintiff, caused by tbe negligence of tbe defendant. Tbe amount recovered in tbe circuit court was $100 damages and $45.81 costs. It appears from tbe affidavit of Mr. Blair (plaintiff’s attorney) that be bad tbe sole management of tbe action from its commencement; that tbe plaintiff is poor, destitute of means to carry on tbe suit, and before it was commenced it was mutually agreed between tbe plaintiff and him that he should trust her for bis fees for bis services until tbe action was determined, and take bis pay out of tbe judgment recovered, if any, and have a lien thereon for tbe same; that be has never been paid nor received anything for bis services. It is admitted that no notice of this lien was given to tbe defendant or bis attorneys. Tbe affidavits used on tbe motion show that tbe plaintiff, without any consultation with her attorney, without bis knowledge even, made an agreement with tbe attorney of tbe defendant to accept in satisfaction of this judgment $68 and tbe costs. The judgment was satisfied of record upon tbe payment of this sum, less by $32 than tbe amount due thereon. This application to vacate tbe satisfaction is made as well on behalf of tbe plaintiff as her attorney.
As to tbe first ground relied on for setting aside tbe satisfaction, it is doubtful if tbe attorney has any lien upon tbe judgment for bis fees which would prevent bis client from settling and discharging it. In Kusterer v. Beaver Dam, 56 Wis. 471, it was held that “ a party having a cause of ac
In this case the plaintiff’s husband acted for or with her in making the settlement. But the affidavits conclusively show that the settlement was made by the defendant’s at-
The counter-affidavit of the attorney who acted for the defendant in making the settlement denies some of these statements. Among other things, he says he did not request that nothing should be said to plaintiff’s attorney about the matter, or to any one else, how it had been settled, or as to what was going on about it during the negotiations ; but, on the contrary, that the plaintiff’s husband
The order of the circuit court is reversed, and the cause is remanded with directions to set aside the satisfaction of the judgment, and to grant leave to issue an execution thereon for the amount remaining unpaid.
By the Cov/rt.— It is so ordered.