Birge v. Rhinehart
Supreme Court of Iowa
Appeal from Mahaska Qw'cuit Cou/rt. In October, 1868, J. W. Jones recovered a judgment against plaintiff and ber husband for $2,492.20, and costs, and a decree of foreclosure of a mortgage upon certain real estate, the title to which was in plaintiff. Soon thereafter there was paid to Seevers & Outts, attorneys of Jones, on the judgment, $1,200, which was not credited on the judgment.
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Appeal from Mahaska Qw'cuit Cou/rt. In October, 1868, J. W. Jones recovered a judgment against plaintiff and ber husband for $2,492.20, and costs, and a decree of foreclosure of a mortgage upon certain real estate, the title to which was in plaintiff. Soon thereafter there was paid to Seevers & Outts, attorneys of Jones, on the judgment, $1,200, which was not credited on the judgment. In December, 1868, Seevers & Ontts, as attorneys of Jones, assigned tbe judgment without recourse, to John White, for the consideration of $1,318. On the 25th of February, 1869, the plaintiff paid White, on said…
1Opinion of the CourtDay, J.
— The questions presented demand but very brief notice.
I. One Haskell was introduced as a witness for plaintiff who testified, upon cross-examination, that plaintiff requested him to collect the claim and do the best he could; that he was not to have a contingent fee; that there was no agreement as to how he was to be paid, and that he did not know that he would get any thing if the claim was not collected. Defendant moved to exclude his testimony because he was interested' and not competent to testify as to matters occurring in the lifetime of John White. The court rightly overruled the…
2Cited by6 opinions
- Bird v. JacobusSupreme Court of Iowa · 1901
- Swingley v. DanielsWashington Supreme Court · 1923
- Linnemann v. KirchnerSupreme Court of Iowa · 1920
- Reichart v. DownsSupreme Court of Iowa · 1939
- Lee v. LeiboldSupreme Court of Colorado · 1938
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