Bolton v. Daily
Supreme Court of Iowa
Appeal from Mahaska Circuit Cowrt. Action on account for legal services. One item of charge is five hundred dollars for services in a divorce suit. The plaintiff testified that while the case was pending, and when about two-thirds of the work was done, he desired to be relieved from the case, and that he told the defendant that he would be-relieved unless he had a contract for more than an ordinary fee.
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Appeal from Mahaska Circuit Cowrt. Action on account for legal services. One item of charge is five hundred dollars for services in a divorce suit. The plaintiff testified that while the case was pending, and when about two-thirds of the work was done, he desired to be relieved from the case, and that he told the defendant that he would be-relieved unless he had a contract for more than an ordinary fee. He testified that at first the defendant refused to give it, but afterward agreed to. The plaintiff gave as a reason why he exacted more than an ordinary fee, that there were some…
1Opinion of the CourtAdams, J.
i. evidence: fee. We think that it was proper to ask the plaintiff what the complications were which constituted the alleged basis for exacting what the plaintiff calls more than an ordinary fee. We understand by more than an ordinary fee, more than the reasonable value of the services, estimated according to the custom of charging for like services in the court in which the services were rendered. We think that where an attorney sets up an express agreement to pay such a fee, exacted of a client when the work was two-thirds done, under a threat of withdrawing from the case if *350the agreement…
2Cited by6 opinions
- Elmore v. JohnsonIllinois Supreme Court · 1892
- Moore v. Rochester Weaver Mining Co.Nevada Supreme Court · 1918
- Egan v. BurnightSouth Dakota Supreme Court · 1914
- State v. JohnsonSupreme Court of Iowa · 1910
- Norman v. BennettSupreme Court of Iowa · 1933
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