Legal Opinion

Spinks v. Davis

Mississippi Supreme Court

Decided October 15, 1856PublishedCited by 25 opinions

IN error from the Circuit Court of Tallabatcbie county. Hon. W. L. Harris, judge. This was a suit brought by W. P. Spinks against A. W. Davis, upon an agreement entered into between Spinks and Davis, whereby Davis for a consideration, undertakes as attorney, to assume the administration of a certain estate, and collect a debt due to Spinks.

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IN error from the Circuit Court of Tallabatcbie county. Hon. W. L. Harris, judge. This was a suit brought by W. P. Spinks against A. W. Davis, upon an agreement entered into between Spinks and Davis, whereby Davis for a consideration, undertakes as attorney, to assume the administration of a certain estate, and collect a debt due to Spinks. The defendant demurs and sets forth several causes, tbe principal of wbicb is, that the agreement is illegal, contrary to public policy and therefore void; in supn^a?4¿mW|ipÉ position, a number of cases are cited, none of .y&m3M*tmnk |ii>a in point. The…

1Opinion of the CourtHakdy, J.

*154The declaration in this case states in substance, that the plaintiff contracted with and retained the defendant as an attorney-at-law, to collect certain claims to a large ardount, due him from the estate of one John Carson, deceased, who resided in Alabama, and died insolvent, but was entitled to a distributive share of the estate of his father William Carson, who had previously died in Talla-hatchie county, in this State; that the said estate having been fully administered and distribution made, and no distributive share set apart or allowed to John Carson, and the plaintiff being advised,…

2Cases cited1 opinion

  1. F. J. Harrison & Co. v. SmithCourt of Appeals of Texas · 1884

3Cited by25 opinions

  1. In re BooneU.S. Circuit Court for the District of Northern California · 1897
  2. Strong v. International Building Loan & Invest. UnionIllinois Supreme Court · 1899
  3. Atlee v. FinkSupreme Court of Missouri · 1881
  4. Hertz Commercial Leasing v. MorrisonMississippi Supreme Court · 1990
  5. Ohio Casualty Insurance v. MallisonOregon Supreme Court · 1960

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