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63 Iowa 228

Watson v. Smith

Supreme Court of Iowa

Decided April 10, 1884

Supreme Court of Iowa · decided 1884-04-10

The plaintiff alleges in bis petition that on the twenty-ninth day of August, 1879, a certain cause was tried in the circuit court of Marshall county, wherein the defendant, Eliza Van Horn, was plaintiff’, and he was defendant; that on said trial judgment was rendered in his favor against said Van Horn, on the first count of his petition, for $244.75, and against him, and in favor of Van Horn, on the second count of his petition, for $125, and costs, amounting to $10; that…

Decided 1884-04-10

Reed, J.

¶1The following facts are admitted by the agreed statement of facts:'

¶2(1) That the judgment for $224.75, rendered in favor of Watson in the case of Van Horn v. Watson, was for costs, and $132.85 of that amount was costs Watson had advanced in the ease; (2) that, at the time this judgment was rendered, Van Horn was insolvent, and has continued so from, that time to the present; and (3) that Tewksbury was attorney for Van Horn in the case of Van Horn v. Watson, and filed his claim for an attorney’s lien on the judgment obtained by Van Horn against Watson for his services in that cause.

¶3In Tiffany v. Stewart, 60 Iowa, 207, it was held, on a similar state of facts, that the party who owned the judgment for costs had the right to have it set off against the judgment in favor of the other party against himself, and that this right was superior to the lien of the attorney for his services in obtaining the judgment. Eollowing that case, the judgment of the circuit court is

¶4Affirmed.

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