Page:Federal Reporter, 1st Series, Volume 7.djvu/577

 ation. The power of attomey was made upon a good and valua- ble consideration, which was the undertakiag by Matthew to prosecute the claim in suit, to continue the employment of the attorneys, for which they were to have the lien upon the claim and suit, and to incur such other expenses and liabilities aS shbuld be necessary, and Buch as he has incurred. , The lien of the.attqrneys did not grow out of their employaient as such, but out of the express agreement of theiparties, and is. such a lien as the plaintiff could by;SUoh fl,gieement create; and., itsi-elieet does not Tiow depend upon ahy notice to the defend- ant, &B itmight if bis rights were beitig euiisid'ei'ed.' In B'rom- ley V. Eollarid, t Yes. Jr. 3, it is said by liord Chancellor El- don, at page 28, concerning a pow^r 6i ailorciey.to collect and receiyfi, not olilyfortheipwnoipal but for others» thatthe court would not permit such a powfx ;t<? be, .c^voked. , Itas, laididown in Bouv. Bac. Abi?. "Authority/'E.thata power of ^torney; e'iecuted ' fbr a vahiable cuiiisidoratioh, b^Uibiet be revoked. In Wa'shv. lF/itfcom/),'2'E8p. ees.ie was ruledby Lord Ken^pn that whe'ro a'power'of,'a<,1;6rn^ oi �a„Wcu4jiy!iji..,wa.s, not ^leYQqaWe^ ,i;Tb,is.ipftYr^. ,ofu attjpxftey, wiah the:«greement undGrwhichie'iwaseKebutedjnoperated to veet'ati ihtfltest in theclaini^'a'tiff'the'siiit iriMatth'eV aiidibe attomey s which cannot be divested by the plaintiff of his own motion without satisfying his part of the tagrflftweftt. Gerrishy. Sweetser, 4. l'ji^ki, ,; S-H. It, i«(thp'cleaB duty.jtnd well-settled practice of courts, toprpt^ot. rights' so acquired against hostile aots of those.from, :vhQin thiey are acquired. Halloran\.Whitcomb,i3YtS06., �Under these circumstances the oounsel first appearing must be allowed to oontrol the prooeedings in coart iu the name of the plaintiff. �Case to stafid for trial. ��� �