Nichols v. Katres
| Decision Date | 04 May 1914 |
| Docket Number | 8276. |
| Citation | 140 P. 792,57 Colo. 471 |
| Court | Colorado Supreme Court |
| Parties | NICHOLS v. KATRES. |
Error to District Court, El Paso County; J. E. Little, Judge.
Action by Steve Katres against Charles Hersey Nichols. Judgment for plaintiff, and defendant brings error. Writ dismissed.
W. E Clark, of Denver, for plaintiff in error.
Orr Robinett & Mason, of Colorado Springs, for defendant in error.
Plaintiff in the court below, Katres, obtained a judgment against Nichols in the sum of $4,250 damages on account of injuries sustained from being run over by an automobile. The law firm of Orr, Robinett & Mason were plaintiff's attorneys, and before the trial filed notice of a claim for attorneys' lien for their services on any judgment that might be obtained. Nichols brings the case here on error and asks for a supersedeas, and defendant in error has filed a motion to dismiss the writ and proceeding for the reason the judgment sought to be superseded has been settled. Plaintiff in error in resisting the motion to dismiss, has set out in full as an exhibit the contract of settlement and release he made with Katres. This instrument, dated February 19, 1914 recites in substance that Katres, being desirous of terminating the litigation and securing an adjustment and settlement of the case, has, in consideration of $1,525, agreed upon a settlement and release with Nichols. It states that $250 of this money has been deposited with the Central Savings Bank & Trust Company of Denver to pay Katres' doctor and hospital bills; that $525 has been paid to him directly in money, and provides that the remaining $750 is to be paid to Orr, Robinett & Mason, unless they can be settled with for less, in which event, whatever is saved out of the $750 shall be paid to Katres; that, if the attorneys who filed the lien refuse to accept the $750, it shall be paid into the registry of the court. The agreement recites: 'I, the undersigned, agree to and do release said Charles Hersey Nichols from any and all claim or demand which I now have, or which I may hereafter have, and which has or may hereafter accrue to me because of injuries received by me on August 23, 1913, and because of which injuries the action herein first above stated was instituted.' Orr, Robinett & Mason refused to accept the $750, or any part thereof.
There is nothing for us to review on account of the settlement. It is no longer a case...
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