Haygood v. Dannenberg Co.

• Decision Date: 21 July 1897
• Citation: 29 S.E. 293,102 Ga. 24
• Parties: HAYGOOD v. DANNENBERG CO. et al.
• Court: Georgia Supreme Court

29 S.E. 293

102 Ga. 24

HAYGOOD v. DANNENBERG CO. et al.

Supreme Court of Georgia

July 21, 1897

Syllabus by the Court.

An application for the setting apart and valuation of a homestead of realty is not a suit for money, nor is it a suit for the recovery of real or personal property, within the meaning of the statute which fixes the liens of attorneys. The applicant has a right to withdraw or dismiss such application at his pleasure, and, if either be done, no lien on the property sought to be exempted exists in favor of an attorney prosecuting such application; nor can he, as against this action of the applicant, further prosecute the same.

Error from superior court, Baldwin county; John C. Hart, Judge.

Crawford & Crawford and D. B. Sanford, for plaintiff in error.

Roberts & Pottle and Whitfield & Allen, for defendants in error.

LITTLE J.

The question of the existence of an attorney's lien is the only one which is involved in this case. The report shows that there was an attempt on the part of the attorneys of the applicant for the homestead to prosecute the case in the superior court for their benefit, the attorneys taking the position that they had a lien upon the property involved, for fees, and that their client could not settle the case so as to prevent their lien for fees from attaching. The law regulating the liens of attorneys for their fees is found in section 2814 of the Civil Code, and such liens are, under the provisions of that section, allowed only in certain instances: "(1) A lien is given on all papers and money of clients in possession of the attorney for his services rendered. This lien is to be enforced by retention of the papers until the claim is satisfied; and the money may be applied to the payment of his claim. (2) The attorney has a lien upon suit, judgments, and decrees for money, and no person shall be at liberty to satisfy the suit, judgment, or decree until the attorney's claim is satisfied. The attorney shall have the same right and power over the suits judgments, and decrees to enforce their lien as clients have for the amount due thereon. (3) Attorneys shall have a lien on real or personal property recovered, to be enforced as mortgages are foreclosed." The attorneys in this case claim that they are entitled to prosecute the application for homestead for their benefit under the second paragraph of the section quoted above. Such lien could not exist under the authority of the first, because the provisions of that paragraph apply alone to papers and money in the hands of such attorneys. It cannot exist under the conditions of the third paragraph, because there the lien, in terms, attaches only on the property recovered. Does the lien then exist under the conditions of the second paragraph of section 2814 supra? This paragraph gives to attorneys liens on suits judgments, and decrees for money. The proceeding which was being carried on was the application made by the wife to have a homestead of realty assigned to her and her minor children out of the property belonging...