Georgian v. Minneapolis & St. Louis Railroad Company
| Decision Date | 12 November 1915 |
| Docket Number | 19,394 - (58) |
| Citation | 154 N.W. 962,131 Minn. 102 |
| Parties | GEORGE GEORGIAN v. MINNEAPOLIS & ST. LOUIS RAILROAD COMPANY |
| Court | Minnesota Supreme Court |
William A. Tautges and P. J. McLaughlin, attorneys for plaintiff in an action in the district court for Ramsey county, moved for an order vacating a stipulation for dismissal of an appeal taken by defendant which was signed by plaintiff in person and the attorneys of defendant, and for an order determining the fees of plaintiff's attorneys to which they were entitled for services rendered in the action on the ground that they had a lien on the cause of action for their compensation and for the costs and disbursements advanced in behalf of plaintiff, which lien had never been satisfied by defendant. The motion was heard before Olin B Lewis, J., who made findings and ordered judgment in favor of plaintiff's attorneys for the sum of $885; and, for the purpose of enforcing and satisfying the lien, the stipulation and dismissal of the action were set aside and the verdict in the action reinstated to the extent of that amount, and judgment ordered in favor of plaintiff's attorneys and against defendant for the amount of their claim with costs. From the judgment entered pursuant to the order for judgment defendant appealed. Affirmed.
Attorney's lien -- defendant liable for amount of fee.
1. Plaintiff agreed with his attorney that the latter should receive as his compensation forty per cent of any judgment or verdict against defendant. A verdict was had for $2,000. After judgment was entered, defendant settled with plaintiff personally for $1,500, paying him $1,050 and retaining $450 to protect itself against any attorneys' claims for services. Plaintiff's attorneys moved for judgment, which was thereafter entered against defendant in favor of the attorneys for $885. Held that, it being conceded that plaintiff's attorney of record had a lien on the cause of action, defendant was not justified in accepting plaintiff's statement that someone else was his attorney, nor in accepting plaintiff's version of the contract between himself and his attorney in the absence of any attempt by defendant to consult either the attorney of record or the attorney named by plaintiff.
Judgment in favor of assistant attorney.
2. There is no error in entering judgment in favor of the attorney of record and counsel who assisted him at the trial when plaintiff's attorney of record joins his assistant with him in the motion papers.
Evidence.
3. The evidence is sufficient to support the findings and judgment of the trial court.
W. H. Bremner and F. M. Miner., for appellant.
Proceeding to enforce attorney's lien under section 4955, G.S. 1913.
The plaintiff, George Georgian, brought an action against the defendant for personal injury on the ground of negligence. Plaintiff had a verdict for $2,000. A motion for a new trial was made and denied. Defendant appealed to this court. A stipulation dismissing the appeal was thereafter entered into, between the plaintiff personally and defendant's attorneys. It was filed in this court and the appeal was dismissed. The same parties also stipulated to dismiss the case on the merits and without costs to either party. The latter stipulation was filed in the district court.
Plaintiff had contracted with his attorney, Mr. William A. Tautges, that the latter should bring an action and receive as his compensation forty per cent of any verdict or judgment entered therein, in addition to any proper disbursements made by him in prosecuting the same.
The stipulations for dismissal were entered into pursuant to an agreement between the plaintiff personally and the defendant's attorneys, under the terms of which plaintiff accepted $1,500 in full settlement. Defendant paid him $1,050, retaining $450 to protect itself against claims for attorneys' services. The settlement was made without the knowledge or consent of plaintiff's attorneys. When the matter came to their notice, plaintiff's attorney of record, Mr. William A. Tautges, and Mr. P. J. McLaughlin, who assisted him at the trial, on certain affidavits and on all the files and records in the action, moved that the verdict and cause be reinstated and that judgment be entered in their favor against the defendant for the amount...
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