Brook v. Smerling

<p>Abstract of the Decision.</p> <p>1. Appeal and error, § 1301*—when presumed that evidence is sufficient to sustain finding of court. It must be presumed that the evidence is sufficient to sustain the finding of the court in the absence of a bill of exceptions.</p> <p>2. Trial, § 2*—when attorney deemed to have due notice of time ease is set for hearing on application. Where an attorney had timely and actual notice of the fact that an application to have a case set for hearing would be made to the court on a certain day and was fully advised of a change in the time of making such application and made no objection to it, held that the attorney should be considered as having been duly notified of the time the case was set for hearing on such application, notwithstanding the question whether the applicant had agreed to inform such attorney of such time.</p> <p>3. Judgment—when court may impose terms upon vacation of. Where a judgment for the petitioner was rendered upon a petition for an attorney’s lien, held that it would be within the discretion of the judge to impose terms upon vacation of a judgment in favor of the petitioner.</p> <p>4. Judgment—when party estopped to object against imposition of terms upon vacation of. Where counsel for a party seeking to vacate a judgment against him stated in open court that an order vacating the judgment upon payment by such party of a certain sum as attorney’s fee was satisfactory to him, held that such party would not be in a position to object that it was not within the discretion of the judge to impose such terms upon the vacation of the judgment.</p> <p>5. Attobney and client—when client’s costs may not be included in judgment for attorney petitioning for lien. The plaintiff’s costs in a case may not be included in a judgment for the petitioner on a petition filed in the case by the plaintiff’s attorney for an attorney’s lien.</p>