Legal Opinion

Russell's v. Ferguson

Supreme Court of Vermont

Decided May 18, 1905PublishedCited by 9 opinions

GenerIal Assumpsit. Pleas, the general issue, payment, Statute of Limitation, and tender. Trial by jury at the March Term, 1904, Chittenden County, Munson, J., presiding. Verdict ordered for the defendant, and judgment thereon. The plaintiff excepted. The opinion states the case.

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GenerIal Assumpsit. Pleas, the general issue, payment, Statute of Limitation, and tender. Trial by jury at the March Term, 1904, Chittenden County, Munson, J., presiding. Verdict ordered for the defendant, and judgment thereon. The plaintiff excepted. The opinion states the case. Custom may render an. attorney personally liable on contracts made by him for his client. 12 Cyc. 1073; Wires v. Briggs, s Vt. 102; Doughty v. Paige, 48 la.. 483. In the absence of a special contract, attorneys are not liable for fees in their clients’ cases. * Sargent v. Pettibone, 1 Aikens 355; Briggs v. Wires, 5…

1Opinion of the CourtPowers, J.

The plaintiff seeks by this action to recover certain court fees alleged to be due from the defendant on cases entered by him as attorney for others in the City Court of Burlington while the late Judge Russell was judge of that court. At the close of the plaintiff’s evidence, the defendant moved for a verdict. This motion was overruled and the case submitted to- the jury. Eater, the jury having reported without agreement, the motion was granted, a verdict for the de*435fendant was ordered and returned, and the plaintiff excepted. So the only question for us to consider is whether on the evidence…

2Cases cited5 opinions

  1. Linsley v. LovelySupreme Court of Vermont · 1853
  2. Harper v. PoundIndiana Supreme Court · 1858
  3. Milroy v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1896
  4. Duling v. Philadelphia, Wilmington & Baltimore RailroadCourt of Appeals of Maryland · 1886
  5. Wires v. BriggsSupreme Court of Vermont · 1833

3Cited by9 opinions

  1. Conahan v. FisherMassachusetts Supreme Judicial Court · 1919
  2. Moncion v. BertrandSupreme Court of Vermont · 1925
  3. Newton v. Smith Motors, Inc.Supreme Court of Vermont · 1961
  4. G. R. Bianchi Granite Co. v. Terre Haute Monument Co.Supreme Court of Vermont · 1917
  5. Security Etc. Bk. v. Southern Etc. Bk.California Court of Appeal · 1925

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