Lundgreen v. Stratton

Attorney's lien: Setoff of judgments. Where, in a suit by L. against S. and T., judgment was rendered in favor of L. against S. for $30, and in favor of T. against L. for $110.16, and after the latter judgment had been affirmed in the supreme court with $48.75 costs, T. assigned both of his judgments to C., who was his attorney in the action and claimed a lien thereon, and S. also assigned to O. his interest in such judgment for costs, and O. gave notice thereof to L., but before such assignment L. had procured an assignment of a judgment in favor of B. against T. for $152.40, which he sought to set ofE against the judgments held by C., held that, as B. had no right to have his judgment set ofE against those in favor of T., neither had L. as his assignee any right to set ofE that, or his own judgment for $30, against those assigned to C.

APPEAL from the Circuit Court for Washburn County. The following statement of the case was prepared by Mr. Justice Cassoday: This action, was originally brought by the plaintiff to compel the specific performance of a land contract. It appears from the record that on the trial of the case-, November 4, 1887, judgment was rendered in favor of the defendant Thomas, and against the plaintiff for $110.16, and that judgment was also rendered in the action in favor of the plaintiff and against the defendant Stratton for $30, both of which judgments were thereupon docketed; that March 12, 1889, the judgment in favor of Thomas, so entered, was affirmed in the supreme court, with $48.75 costs (73 Wis. 659); that March 14, 1889, Thomas assigned his said two judgments to J. E. Coe, his attorney in the action; that May 23, 1889, Stratton assigned his interest in the judgment of $48.75 to said J. F. Coe; that January 16,1889, A. L. Bug-bee got a judgment against Thomas for his services as his attorney for $152.40;' that January 19, 1889, Bugbee assigned that judgment to the plaintiff; that March 27,1889, J. F. Coe notified the plaintiff and his’ attorney that the two judgments in favor of Thomas had been assigned to him, prior to which time the plaintiff had no notice that Coe had not been paid, but claimed a lien on. said judgments for services; that August 1, 1890, the plaintiff moved the trial court to have said judgments of $30 and $152.40 offset against said judgments of $110.16 and $48.75; and after hearing counsel for the respective parties, an order was entered denying said motion with $10 costs. From which order the plaintiff brings this appeal.