28 Iowa 381 (Iowa. 1869), Fisher v. The City of Oskaloosa

Citation:28 Iowa 381
Opinion Judge:BECK, J.
Party Name:FISHER v. THE CITY OF OSKALOOSA
Attorney:Z. T. Fisher, Hendershott & Burton for the appellant. No appearance for the appellee.
Judge Panel:BECK, J. WRIGHT, J. (dissenting).
Court:Supreme Court of Iowa
 
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Page 381

28 Iowa 381 (Iowa. 1869)

FISHER

v.

THE CITY OF OSKALOOSA

Supreme Court of Iowa, Des Moines

December, 1869

Appeal from the Mahaska District Court.

WEDNESDAY, JANUARY 5.

THE plaintiff is an attorney at law, and prosecuted an action in favor of Nancy Haywood against defendant in this case, and recovered judgment therein. After the rendition of the judgment, he served defendant with a written notice, to the effect that he claimed a lien upon the judgment for the sum of $ 35 for his fees, as the attorney of plaintiff in the case, and requiring defendant not to pay the judgment to the plaintiff.

He also appeared before the council of the city and requested payment to himself of the judgment, less the costs, and offered to execute a receipt in full of the judgment. The council refused to comply with the request, and proposed to pay the judgment to the clerk of the court wherein it was rendered, and to notify plaintiff thereof, that he might attend and draw whatever sum was coming to him. He did not consent to this arrangement, but informed the council that he would hold the city for the sum due him. The city paid the amount of the judgment to the clerk of the court, and the judgment was satisfied in full. Immediately after the officer of the city had paid the money, he met plaintiff and began to tell him the fact of payment, but plaintiff passed on, refusing to notice him or to pay any attention to what he said. The agent of Nancy Haywood, the plaintiff in the action, on the same day the money was paid, received it of the clerk. On the next day plaintiff inquired of the clerk if there was any money for him upon the judgment. There was no collusion between the city authorities and Nancy Haywood to defeat plaintiff's lien. There was no statement of plaintiff's lien, nor notice thereof, filed with or served upon the clerk.

No suit has been brought by plaintiff against his client for his services, and there is due him, therefor, $ 20.50.

The cause was tried to the court without a jury, and, upon a finding of facts, substantially as above stated, judgment was rendered for defendant. Plaintiff appeals.

Reversed.

Z. T. Fisher, Hendershott & Burton for the appellant.

No appearance for the appellee.

BECK, J. WRIGHT, J. (dissenting).

OPINION

Page 382

BECK, J.

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