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Butler v. Givens

M. G. Butler v. J. B. Givens

Butler v. Givens, 137 Tenn. 438 (1916)
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Court
Tennessee Supreme Court · State Highest Courts
Decided
December 15, 1916
Judges
Williams
Citations
137 Tenn. 438
Headnotes
ATTORNEY AND CLIENT. Right to lien. Land defended against attack. In the absence of a contract therefor, a solicitor is not entitled to a lien for services fixed on his client’s land successfully defended by him against attack. ■ Cases cited and approved: Garner v. Garner, 69 Tenn., 29; Hill v. Ford, 3 Tenn. Cas., 531.
Summary
FROM JACKSON. Appeal from the Chancery Court of Jackson County. —A. H. RobeRts, Chancellor.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Williams

Text extracted by OCR from a scanned original; check the original for exact wording.

Mr. Justice Williams

delivered the opinion of the court.

Is the solicitor of a defendant, whose efforts have been successful in defending his client’s land against attack, entitled to have a lien for the services fixed on the land?

*439 It was held in Garner v. Garner, 1 Lea (69 Tenn.), 29, that in the absence of a contract therefor the solicitor cannot have a lien declared by the conrt on realty defended and. not recovered. '

In support of their motion for the declaration of a lien, the solicitors cite Hill v. Ford, 3 Tenn. Cas., 531, 537 . That case, which would support the application, was decided in 1875, while Garner v. Garner was decided in 1878.

Some confusion exists as to the rule on this point, judging from the number of motions made in such circumstances. This misunderstanding may be due. to the fact that the publication of the decision in Hill v. Ford followed the reporting of Garner v. Garner. The rule announced in the latter case is the law in this State, as well as elsewhere. 6 C. J., 781. Motion disallowed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1938: 11939: 119382026peak 1938 · 1

Relies on it most ⓘ

  1. John Weis, Inc. v. Reed118 S.W.2d 677 (Tenn. Ct. App. 1938)
  2. Prudential Insurance v. Byrd4 S.E.2d 175 (Ga. 1939)

Most recent

  1. Prudential Insurance v. Byrd4 S.E.2d 175 (Ga. 1939)
  2. John Weis, Inc. v. Reed118 S.W.2d 677 (Tenn. Ct. App. 1938)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Hill v. Ford, 3 Shan. Cas. 531 (1875) 2

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