Haynie, Parks & Westfall v. Camden Gas Corporation, 4-2807.

• Decision Date: 23 January 1933
• Docket Number: No. 4-2807.,4-2807.
• Citation: 56 S.W.2d 419
• Parties: HAYNIE, PARKS & WESTFALL et al. v. CAMDEN GAS CORPORATION et al.
• Court: Arkansas Supreme Court

56 S.W.2d 419

HAYNIE, PARKS & WESTFALL et al. v. CAMDEN GAS CORPORATION et al.

No. 4-2807.

Supreme Court of Arkansas.

January 23, 1933.

Appeal from Circuit Court, Ouachita County, Second Division; W. A. Speer, Judge.

Suit by the City of Camden against the Camden Gas Corporation, in which plaintiff recovered judgment, and Haynie, Parks & Westfall filed petition for an attorneys' lien. From an order denying the petition for lien, the attorneys appeal.

Reversed and remanded, with directions.

Haynie, Parks & Westfall and Gaughan, Sifford, Godwin & Gaughan, all of Camden, for appellants.

McHANEY, J.

This appeal is prosecuted from an order of the circuit court denying the petition of appellants for an attorney's lien under section 628, Crawford & Moses' Dig. The petition was filed in a proceeding tried in the circuit court wherein the Camden Gas Corporation was plaintiff and the city of Camden, the mayor, and members of the city council were defendants, in which plaintiff sought to enjoin the enforcement of a city ordinance lowering gas rates in said city to domestic consumers of gas. In that case the mayor, by authority of the council, employed appellants to represent the city and the domestic consumers of gas as attorneys in that litigation. The ordinance fixing the maximum rates to be charged domestic consumers was adopted April 1, 1929. The Camden Gas Corporation refused to accept the new rates fixed by said ordinance, and brought suit attacking its validity. An injunction was issued suspending the new rates and a bond was given by the gas corporation guaranteeing a refund of the difference to domestic consumers between the old rates and the new, in the event it was finally determined the ordinance of April 1 was valid. The ordinance was sustained. See Camden Gas Corporation v. City of Camden, 184 Ark. 34, 41 S.W.(2d) 979. The result was that during the pendency of that litigation there was a fund accumulated in the hands of the Camden Gas Corporation in the sum of $17,819.17, for which amount judgment was rendered. The judgment reads: "That the defendant, City of Camden, Arkansas, do have and recover of and from the plaintiff the sum of $17,819.17 for the use and benefit of the domestic consumers of gas within the City of Camden, Arkansas."

At a mass meeting of the domestic consumers of gas, an agreement in writing was reached between appellants and nearly all the domestic consumers whereby appellants were allowed a fee of 20 per cent. of the...