Opinion
December Term, 1902.
The exception to that part of the referee's report which awards $330.50 to Messrs. Mulqueen Mulqueen, on account of their alleged lien, is sustained, and the report is otherwise confirmed. It is true that proceedings to condemn land are a special proceeding, and that under section 66 of the Code an attorney may acquire a lien in such a proceeding. This, however, is only from the commencement of the special proceeding. But Mrs. Schoenig had died before the petition of the board of education herein was filed. Hence, Messrs. Mulqueen Mulqueen could never have represented her in the proceeding. Therefore, they could not have acquired any lien. If they performed services for her in anticipation of the proceeding, under a contract of employment, her estate may be liable for such services upon a quantum meruit, but we are unable to see how they have any lien under the circumstances.