Parker v. Blighton
| Decision Date | 18 June 1875 |
| Citation | Parker v. Blighton, 32 Mich. 266 (Mich. 1875) |
| Court | Michigan Supreme Court |
| Parties | Charles T. Parker v. Elijah C. Blighton |
Heard June 8, 1875
Error to Calhoun Circuit.
Judgment reversed, with costs, and a new trial ordered.
Brown & Patterson, for plaintiff in error.
T. G Pray, for defendant in error.
This was an action of replevin in which the defendant in error was plaintiff. The defendant below relied, among other things, on a settlement which he claimed had been made with the plaintiff, and which was evidenced by a writing. It was claimed on the part of the plaintiff that the writing was obtained by duress. It was also claimed that as the writing was obtained from the plaintiff in the absence of, and without the knowledge of his attorney, it was void as depriving him of his lien for his services. If this were so it was necessarily conclusive, as the amount in controversy was so insignificant that the most moderate charge would exceed it. The circuit judge instructed the jury that the plaintiff could not thus settle the case without the consent of his attorney.
This ruling was erroneous. The attorney had no lien whatever on the suit. Most of the other...
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Tyler v. Superior Court
...manner be pleases without consulting his attorney, and the attorney has no power to prevent it. Simmons v. Almy, 103 Mass. 33; Parker v. Blighton, 32 Mich. 266; Pulver v. Harris, 52 N. Y. 73; Roberts v. Doty, 31 Hun (N. Y.) 128; Connor v. Boyd, 73 Ala. 385; Swanston v. Morning Star Mining C......
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Eggleston v. Boardman
...Dean 40 Mich. 687); an attorney has no such lien on a suit which he brings as will invalidate a settlement made by the client ( Parker v. Blighton 32 Mich. 266); and if for a particular service he cannot acquire a personal interest in the subject-matter of the employment opposed to that of ......
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Voigt Brewery Co. v. Donovan
...attorney, an attorney cannot prevent his client from making a settlement. An attorney's lien does not attach until judgment. Parker v. Blighton, 32 Mich. 266; Wright Hake, 38 Mich. 525, 531. Nor could the question of fraud in the settlement be tried upon affidavits. Lyon v. Smith, 66 Mich. ......
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Hanna v. The Island Coal Co.
...manner he pleases without consulting his attorney, and the attorney has no power to prevent it. Simmons v. Almy, 103 Mass. 33; Parker v. Blighton, 32 Mich. 266; Pulver v. Harris, 52 N.Y. Roberts v. Doty, 31 Hun 128; Connor v. Boyd, 73 Ala. 385; Swanston v. Morning Star Mining Co., 13 F. 215......