New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-01-25
THE COURTS.
:. 8. SUPREME COURT DECISION.

ATTORNEYS HAVE LIEN on PROPERTY IN
THEIR HANDS UNTIL THEIR FEES ARE PAID.
WASHINGTON, Jan. A.--In the Supreme Court
OF the United States Mr. Justice Bradley delivered the
unanimous opinion OF the Court in the matter Of the two
rules Of Texas aganst Geo. W. PaschaL The principles
involved great Importance to the Bar and the con
cluston reached gave universal satisfaction the
seors present Mr. Justice Bradley gave succinct his
Texas was in possession Of 100000 OF bonds called the
Texas indemnity bonds These were unindorsed by any
Governor OF Texas But the Military Board OF that
State took possession Of the bonds ard placed them in
the hands OF different agents. who negotiated sOOoO OF
visional Governor Hamilton in 1856 employed Judge
Paschal 70 prosecute the rights OF the state 10 THESE
Uhies but not being able to get service Paschal left
his home in Texas where his practice was then ucrayc,
rate argument before the Treasury Department no
rested the payments until suits could be commenced III
this aud other courts These suit had been prosecuted
by the respondent with great ability. Upon one OF the
suits he had received N73 but he had disbursed Tor
the stat for COSTS and to other counsel employed py
Gov Throckm0rt0n, sl33o5 9s leaving balance In his
hands OF $1,000 OF.
The first rule was for Pascha 70 show why he
rule Pascha showed for his several years Of ser
milton Of dosrs Il. S establishing the
cedent and the fact that at the time Gov Davis inter
for The ne % Droee
Thu h suit BE ssnss Se ss
written shall feel authorized to let you retain your
Paschal also showed that the State indebted to him
in tho sum OF n7 for reports delivered th 70 ~
the Supreme Court and for which Gov Davis had re-
fused pay, that there only remained in Paschars
hands, applicable to bis charges for fees BALANCE OF
1893 on; and against this, Paschal also claimed s
Tor prosecuting two suits in the District aud
Supreme Courts Of Texas, we'll as his fees
and commissions for prosecuting the claim OF Texas
for over half million Of dollars. The Court held
Fyrs That Gov Peace right TO make such contract bis
letter. and power Of attorney implied .,,-,.
Third right the and elects in Lis hands
until his fees settled , ,,.. 1.
Fourth attorney has lieu the money and securities
bis hands III Ill his fees be paid. 80 ,,.--..--,.
F That be sae with the amount Of to sorne.
had and eyed 10 which SUIT
the defendants considered This rule therefore, %
charged. u-- , ~. -. 90
Upon the rule TO substitute Thomas j. Durant as so
lcitor In the against George Peabody d Co., ana
Others the Court held that Gov Davis had the right 10
change the counsel for the State the State taking the
responsibility Of being answerabe to Judge Paschals
past charges for fees either the whole 1851 u.s. or such
amount should hereafter be settled in another pro-
ceeding. For That purpose Judge Pascha would nave
the right to retain any balance In his hands
Judge Pascha warmly congratulated by the par
for having had the courage to yndcate his own rights
thus establishing great precedent for the profession
Thomas j. Durant for Texas; A. g. Riddle Tor Paschai'