Tracy

Action to enforce a lien for attorney’s fees. The complaint alleges in substance that one Sperro was seriously injured in an automobile accident and being in indigent circumstances he employed plaintiff upon a contingent fee to collect damages for his injuries. Plaintiff agreed to advance all costs and to render all necessary legal services in consideration of receiving one-third of any amount that might be finally recovered. The agreement, which was in writing, contained a clause giving to plaintiff a lien on the cause of action, and on any judgment that might be secured for the sum and share agreed upon, and it was provided that no substitution of attorneys could be had without plaintiff being' first paid, except in the event of his misconduct. The complaint then charges that after plaintiff had performed certain services, defendant, an attorney at law, fraudulently, and for the purpose of depriving plaintiff of his fee, induced Sperro to discharge plaintiff as his attorney, without justifiable reason and caused and procured himself to be appointed and engaged as the attorney of Sperro, upon the same terms as plaintiff had been employed. That thereafter defendant herein made a…