Chancey v. Bauer’s Empirical Analysis
97 F.2d 293 · 1938
Citation profile
9 federal appellate · 9 state decisions
How this case has been cited
Cited by 23 later decisions — most recently March 1992
9 federal appellate · 9 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Trustees v. Greenough · Walker v. Brown · Eva Ingersoll v. Joseph a Coram a H · Bullard v. City of Cisco · Louisville St Co v. Wilson
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"In Florida, as in most states, a lawyer has a retaining lien upon papers in his hands, and, according to the circumstances, a charging or equitable lien on recoveries obtained for his client in the suit for the services in which the charge is made. Carter v. Davis, 8 Fla. 183 ; Alyea v. Hampton, 112 Fla. 61 , 150 So. 242 ; Scott v. Kirtley, 113 Fla. 637 , 152 So. 721 , 93 A.L.R. 661 ; 5 Am.Jur., Attorneys at Law, §§ 219 to 248, incl.; 7 C.J.S. Attorney and Client §§ 211 to 217, incl. Federal courts have always recognized and enforced these liens. United States ex rel. Payne v. Call, 5 Cir., 287 F. 520 ; Cooper v. McNair, D.C., 49 F.2d 778, 779 . Cf. Webster v. Sweat, 5 Cir., 65 F.2d 109 . In Florida, as elsewhere, the charging lien is an equitable right to have the costs and fees due him for services in the suit secured to him in the judgment, or recovery in that particular suit. 7 C.J.S. Attorney and Client, § 211. It is based on the natural equity that plaintiff should not be allowed to appropriate the whole of a judgment in his favor without paying for the services of his attorney in obtaining such judgment. Graeber v. McMullin, 10 Cir., 56 F.2d 497 ; Cohen v. Goldberger, 109 Ohio St. 22 , 141 N.E. 656 . No lien may therefore arise where there have been no proceeds recovered in the suit as to which the services are claimed. 5 Am.Jur. 395; Trustees of Internal Improvement Fund v. Greenough, 105 U.S. 527 , 26 L.Ed. 1157 . * * *"”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.