star-pagination">*Page 68 of fraud and collusion. It is next argued that the court erred in concluding that, if the action was discontinued for no valuable consideration, the asserted lien, in the absence of fraud, has no value. The petitioner's right to a lien arises out of the statute, which, so far as applicable, reads: "After the service of a summons and complaint in any action at law, * * * the attorney, * * * who shall appear in the cause for the party instituting the action at law, * * * shall have a lien for compensation, upon his client's cause of action, suit, claim or counterclaim, which shall contain and attach to a verdict, report, decision, decree, award, judgment or final order in his client's favor, and the proceeds thereof in whosesoever hands they may come. The lien shall not be affected by any settlement between the parties before or after judgment or final order or decree." The question would seem to arise whether after discontinuance, and in the absence of a settlement or fraud, there exists a cause of action, suit, claim or counterclaim to which a lien may attach. The right to the lien is predicated upon the existence of a cause of action, suit, claim or counterclaim. With the filing of the discontinuance, and in the absence of a settlement or fraud, the cause of action, in the sense of a judicial proceeding, ceased to exist. As pointed out in Levy v.Public Service Railway Co., 91 N.J.L. 183 (E. A. 1917) "the statute, * * * does not take away the right of parties to settle their litigations, neither does it alter the conclusive effect of such a settlement when honestly made." Here there was a discontinuance and not a settlement but we discern nothing in that fact to deprive the parties of the right to terminate the action.

In view of our disposition of this point, it becomes unnecessary to deal with the remaining points argued.

The order under review is affirmed. *Page 69

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