Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-11-14
'NOLIENFOR ATTORNEYS
Supreme Court Ruling On Actions at Com.
mon Law
TWO MORE CASES ARE REVERSED
nrown aud Henderson. Lawyers, Score .
Victory. as Also DOCS Mrs.. Rachel Nc
Master-An Insurance AGENTS suit.

The supreme c'ur. today handed
down oplnl,ns IN che cases VI Nelson
sandberg plaintin. vu che victor Cold
q silver Mining Company defendants
Frank Knox respondent and Brown a
Henderson appellants. and Rachael Me-
Master appellant We Emma Morse 81 al.
ordering II rrytrsli lu each case.
The case of sandbers against che Vic
tor Gold q silver Mining company
dates back 20 october 1894. at which
time sandberr commenced action
agalnst the defendant company e; nj.
10 forccioso n mlnrr len upon certain
mining claims belonging 90 the defend
| ant minins company Brown n Hen
] doraou appeared Us attorneys Tor sand
berg.
The National Bank % the Republic
| nird en- answer. but ~ FtHp was taken
| by the Victor Gold & silver Ming COM
! pany and The record shows q was In
default fur the year, 1895, 1896 ana 1877.
While the present action was IN pro-
Ercas, during December. 1897. Brpwn &
| Hundorsln filed un lnliavit. eggtlng
| forth that they aa Slrlbarg'a attorneys
| had agreed With the Victor Gold q Sill
Yer Mining COMPANY that the latter
need Me no answer 90 after the de-
termination % certain litigation be-
tween q and shc National Bank " the
| Rcpuhhc.
In october. 1897. sindborg sold his
| claim ana cause ~ action 90 Frank
/ Knox, president NJ the National Rank
of the Republic and the following
| month he tku0N was subr.iiuted Tor
/ phlrtln with Hiram ". Gray rs his
/ Hinr1ny The clerk " the court az
/ Provo made the substitution. az the
/ came. time ertcunf detaus Tor all 81
/ the defeniants NTH he exception ~
The Natllr1i Bank ~ the Republic and
| NcphL
Knox Afterwards caused a iudrmen,
] aud decree o. be- entered but IN tha 1fr,
| ~ December. 1897. they were set aside
| she trial court nud.rF that ganharr
| had nErgsd With the Victor Gold a 81.
| Vet Mining company that 70 should
! nave Tine In which 90 answer his com.
/ paint The court also found the trans
] Ter o. Knox 90 have been made in n 4
faf'h Afterwards Kr1x motionrd ina,
Messrs. Hiram W. Gray and Ardrs a
| HoNat be- ursered ~ HE attnrieva rhe
paw nrrn ~ brown n Henderson ob.
| iscted 90 any such proceedings until
HandhcrF had raid them their fees TN
court Judge HllgEinsl denied tn az.
! H'a p" wig NNNNh NN NN"N on WNN cause
! 81 action or - compensation from
krpN. From this order brown q Hen.
| dcraon appealed
Counsel Tor Knox cuntcndsd tina, IN,
order made BY Judge Hlgrins wn1 moi
hnhl Judgment. and thnrs fore no, an.
.llnle' The court holds that IN,
ludgmcnt was mai ana npeaiabic.
h.own a Henderson commended hat
IN utah, attorneys have a lien. AZ com.
mon law, On The cause 81 action 10,
thelr tees. Tho court does not think M
contention wei founded, and holds tina,
mere u no such lien In this state III
common law, nor was there any sfatui,
cited creating such a lien contended Tor
Says the court!
To hold that a lion ottsehe. o. .
cause Of action before Judgment WOMB
De 10 place parties 90 contfovrrrios N
the mercy nf an attorney. for II yoiif
not be within their power ~ rffect ~
tsmeni. ~ 10 In any why dispose OF IN,
cause ~ action. until the lien was salts
ned. !, would ciothe the attorney viii
hDNer 90 cmhatass parties In an at.
Tempt az amicable settlement OF suits
ana prevent results which are encour,
nEtd by the policy nf the law. which \
ihtt parties may adjust their dlnerenre
any time n they can. High In oul
regards as W. hold the legal profea
son, aud much a. W. think attorney
oufht ~ have an reasonable protection
against C1llurlnn and fraud " CLIENT.
VINO may rniruvnr % deprive the at
tprnryH of Just compensation for s,f,
Nega We are NOT disposed est-cinll,
under our practice. when fees nrs lrft /,
thr AFtroment NJ the PARTIES. 90 favor j
Hen which would enable an attorney
] Independently % the wishes OF hi.
client, hy. ,Ehellng an unreasonable Zee
Co control ihc most important Intern IN
Of The client and prolonr litigation f6l
he own benefit u n always desirable
ana IN htrmony with public policy. ma
parties 90 a controversy should Be- par.
mlitcd o. make a bOnaflic settlement ~
their difficulties. and courts are moi In.
cuned 60 favor a lien which may b.
used ~ an instrument 10 cmhaffaHH nl
prevent such settlement, 10 L. yart
clear that before judgement. an ntt6f
ncy has no common law lion ON la.
cause Of action Tor his ffHr
Wfh respect 10 the aTTirumcnt bi
faudberg 20 H. chain 20 Knox. M,
cour, nnda that the trtnsaaunn Ma
tullufivv ana IN fraud 20 ihe right al
the Ftorneya. ond Dlvorai very muc,
81 um afiempt O. cheat Brown a Hon
dasjn of ine'r juy oalma.
The court furihrr hu'is that JuIF
Higgins should have Withheld his IN.
ln thr suhsiiM on 20 u.tlrueyH NM
iinoNn n Henderson were pald n,
! tlUf s1rN4cts OF secured and that hl
errti 20 mthnE shr order apps,I.t
from, 4 reversal ta lhou uriere,i
justice nartch wrHe the upInI,p
Chief Justice Zane and Justice Mine
I clncurflnT.
4 NEW TRIAL ORDERED
Jun.lce Miner Wuote che OpIuflu Iu ia,
caue % M1AiAsier. Mlrs. Tb'
rrcori shows that 70 was au action n
cicctmcnt brought by Rachael No
Master against Emma M1rl. ami q
W. Morse, TOR the passeas.m w hire,
foot ~ land fronting lu ,lst soma
Temple strcc., being pat 90 Go. 9. blucI
81. pfu "a.
The case was tried last june bef5r
Judge Cherry and jury resulting. aFa
she phlutn bad put In all her tsrI.
muny, w a nun-suH, frJm Whlah iudr
mcnt Ifiinun appealed
The court nnds from the traflmon,
fh1t a priml face case go lsl4t Nh
cHutbl shed, with reference tn the BONN
dairy lines OF hiiH q. which dd ult iustl
~ the iFnl court IN rcndu'ur "a tulr
ment 90 uon-su.t The court u furthe
~ The opinion thai a more correct ds
termination 10 The case can be ubttlD.i
from "a rrtHil aud 80 prderA
chief Justice Haus AMI Justice Bar.cl
I concur.
, ALLEGED nRIECu or CONTRACT