The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-03-29

ent.
In the supreme court, state Of North
Dakota,
c. j. Murphy, respondent, vs.. Judson
r Casselman and the United States
Fidelity & Deposit Co., of Baltimore,
Nd, Appellants.
Held, that the decision of this court
in Frank B. Lown, trustee, plaintiff
and respondent, VS.. Judson 2. Cassel-
man, defendant and appellant, sustain
ing an attorneys lien against a judg-
ment collected pending this suit, by
an execution sale OF real estate sub
sequently redeemed by Casselman,
renders moot the question involved in
this appeal; and the claim in litiga-
ton having thus been paid the lower
court is directed to enter satisfaction
of the Judgment appealed from.
(Syllabus by the court.)
An appeal from an order of the dis
trict court of Grand Forks county,
TempletOn, j.
Opinion by Goss, ].
Murphy & Duggan,. Grand Forks, for
respondent.
w. ]. Mayer, Grand Forks, for APP.
pellants.
Frank B. Lown, trustee, respondent,
Tvs. Judson p. Casselman, appellant.
An attorneys Hen was filed against
a judgment entered and the clerk en-
dOrsed upon the judgment docket the
words attorneys lien for $500, claim
ed by c.. ]. Murphy, attorney for plain
tiff" The Judgment debtor then filed
a petition in voluntary bankruptcy. He
scheduled Lown as a Judgment cred
titor, but did not list or mention Muir
phys attorney lien in his schedule of
| lAht. AHtI~nLHv r.aaAsyvhl - AA2~z II
the bankruptcy proceedings and did
! not participate in them. The usual
discharge in bankruptcy was entered
in the federal court. The bankrupt G,
exhibiting the discharge, applied for
an order ~discharging the judgment OF
record. The court denied a discharge
as to the portion of the Judgment OF
the amount of the attorneys lien, $500,
and interest, from which order C ap-
peals. Held:
l. The attorneys lien vas valid and
the docket entry thereof was a sufici-
ent compliance with the statute.
2. The lien constituted an equitable
assignment to that amount of the
judgment.
8. The interest of Murphy in the
judgment was not discharged by the
bankruptcy proceedings.
4. c, the judgment debtor since the
date Of the docketing of the attorneys
lien, has had notice imputed to him OF
the lien and Murphy's interest there
under. at .
5. Bankruptcy did not bar the lien
or's right to use the judgment to COL
lect his lien, and the trial judge prop
erly refused to discharge hat portion
Of the judgment covered by the lien
(Syllabus by the court.l 49,.
An appeal from the district court OF
Grand Forks county, Templeton, j.
Affirmed. '... . ~
Opinion by Goss, J.
Murphy & Duggan, Grand Forks, fo1
respondent.
w. J, Mayer, Grand Forks, for ap.
pellant.
In the Supreme Court, state OF
North Dakota,
August yH~armening, respondent. VS..
John M. Rowland, appellant.
/. Where the complaint alleges and
the proof shows facts authorizing q
recovery for exemplary damages, the
same may be recovered under a claim
for damages generally without being
specially pleaded, It is accordingly
held, that the order permitting an
amendment of the complaint at the
trial with reference to exemplary
damages, was non-prejudicial.
2. An instruction placing the bur
den upon the defendant to show his