Nelson v. Berkner

Decided May 3, 1918

Supreme Court of Minnesota · decided 1918-05-03

Action in the district court for Brown county to recover $3,036.90. Albert Hauser, attorney for plaintiff, obtained an order directing defendant to show cause why the lien of said attorney should not be established and the amount thereof should not be determined. The matter was heard by Olsen, J., who made findings and ordered judgment in favor of the attorney for $250. From an order denying his motion for a new trial, defendant appealed^

Cited by 2 later decisions — most recently June 1931

1 federal appellate · 1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1918-05-03

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Pee Cubiam.

¶1The plaintiff sued the defendant in an action for the recovery of money. Before trial they settled for $500 without the consent of the plaintiff’s attorney. The plaintiff had a contract with his attorney for one-half of the-recovery. No question is made as to the validity of the contract. The plaintiff did not pay his attorney, and the attorney is unable'to collect it. The attorney was entitled to a lien for his agreed compensation. G-. S. 1913, *505§ 4955. Tlie court ordered judgment in favor of the attorney and against the defendant for $250. This was right.

¶2Order affirmed.