Courtney v. McGavock
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Boole County. Action for wages alleged to be due plaintiff from defendant, in tbe sum of $250. Plaintiff appealed-from an order dismissing an attachment wbicb be bad sued out against defendant’s goods. While tbe appeal was pending here, defendant’s attor neys filed a stipulation signed by plaintiff, to tbe effect that tbe appeal might be dismissed at bis costs; and it was so dismissed.
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APPEAL from tbe Circuit Court for Boole County. Action for wages alleged to be due plaintiff from defendant, in tbe sum of $250. Plaintiff appealed-from an order dismissing an attachment wbicb be bad sued out against defendant’s goods. While tbe appeal was pending here, defendant’s attor neys filed a stipulation signed by plaintiff, to tbe effect that tbe appeal might be dismissed at bis costs; and it was so dismissed. Thereupon plaintiff’s attorneys filed affidavits tending to show that they brought tbe action at plaintiff’s solicitation, and rendered services and incurred expenditures…
1Opinion of the CourtDixoN, C. J.
This is undoubtedly a hard case, so far as the attorneys for the plaintiff are concerned, who have rendered valuable services and advanced considerable sums of money in the prosecution of the action, relying upon the agreement between themselves and the plaintiff, that they should be paid out of the proceeds of the judgment which should ultimately be recovered against the defendant. The conduct of the plaintiff has been grossly unfair and dishonest. By the settlement in *622question and stipulation to dismiss Ms appeal, be has deprived bis attorneys of all means of obtaining compensation as…
2Cases cited4 opinions
- Henchey v. City of ChicagoIllinois Supreme Court · 1866
- Foot v. TewksburySupreme Court of Vermont · 1829
- Getchell v. ClarkMassachusetts Supreme Judicial Court · 1809
- Clark v. . OwensNew York Court of Appeals · 1858
3Cited by14 opinions
- Jackson v. StearnsOregon Supreme Court · 1906
- Kusterer v. City of Beaver DamWisconsin Supreme Court · 1883
- Hanna v. Island Coal Co.Indiana Court of Appeals · 1892
- Weigel v. GrimmettCourt of Appeals of Wisconsin · 1992
- Matter of Richland Bldg. Systems, Inc.United States Bankruptcy Court, W.D. Wisconsin · 1984
9 more not listed; retrieve them via the Exa API.