Smith v. Lyon Cypress Co.
Smith v. Lyon Cypress Co.
Opinion of the Court
Act 124, p. 210, of 1906, authorizes attorneys at law to “acquire as their fee * * * an interest in the subject-matter of the suit.” In White v. MoOlanahan, 133 La. 396, 63 South. 61, it was held that this interest necessitated the recusation of the judge if related to the attorney within the recusation degree; and in Stiles v. Bruton, 134 La. 523, 64 South. 399, it was held that this interest could not be seized for the debts of the client. But the precise point now made by appellee came -up in Loftin v. Frost-Johnson Lumber Co., 133 La. 644, 63 South. 252, and was decided adversely to appellee’s present contention.
The contingent fee contract in the instant case is in the form of a transfer of a half interest, and counsel say that this feature was absent from the Loftin Case. But it was not. The attorney in that case had “a contract for one-half of whatever may be recovered,” and that contract had been entered into under, and in accordance with, said Act 124 of 1906, which, as already stated, reads, that the attorney “may acquire * * * an in
The motion to dismiss is overruled.
Reference
- Full Case Name
- SMITH v. LYON CYPRESS CO.
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- 14 cases
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- Syllabus
- (Syllabus by Editorial Staff.) 1. Appeal and Error Under Acts 1912, No. 156, relievinglitigants from having to pay costs when incurred or to furnish bond if unable by reason of poverty, where plaintiff took advantage of the law and did not furnish a bond of appeal, her appeal was not subject to dismissal, because, prior to institution of suit, plaintiff had transferred to her attorney a half interest in the claim as a fee for his services to be rendered, while the attorney was not shown to be unable to pay costs or furnish bond. [Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 2072, 2073; Dee. Dig. 2. Appeal and Error Acts 1912, No. 156, not only relieves a pauper appellant from having to give bond for costs, but also from having to give bond for prosecution of the appeal. [Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 2072, 2073; Dec. Dig. 3. Statutes A statute will not be construed so as to defeat its evident object. [Ed. Note. — For other eases, see Statutes, Cent. Dig. § 262; Dec. Dig. 4. Statutes &wkey;»236 — Construction. A remedial statute will be liberally construed. [Ed. Note. — For other cases, see Statutes, Cent. Dig. §§ 317, 324, 325; Dec. Dig. &wkey;236.]