Blanke v. Bryant

Headnote

Where an action is brought against a married woman as sole defendant, who has a separate estate which may be impaired by the result of the action, and she employs an attorney to defend such action, it is presumed to be the intent of the parties that the attorney shall be paid for his services from the separate estate, and an action to recover the value thereof, and to charge the same upon such separate estate, is maintainable. (Allen and Folgeb, JJ., dissenting.)

This action was brought by plaintiff, an attorney and counselor-at-law, to recover of defendant, a married woman, for professional services, and that the same be adjudged a lien upon her separate estate.

Defendant’s husband brought an action against her for divorce; she employed plaintiff to defend her. He procured an order for alimony, which was paid to her. The defence was successful, and a judgment for costs was recovered. The defendant had a separate estate. Judgment was rendered herein for the amount of plaintiff’s claim, and adjudging the same to be a lien upon defendant’s real estate. Held (Allen and Folger, JJ., dissenting), no error; that as the divorce suit might have in its result created a charge upon such separate estate for costs from which it was relieved, and as it was directly benefited by the alimony and the judgment for costs,

there was a well-founded presumption of an intent that plaintiff should be paid for his services from said estate.