Rogers v. Marshall

McCrary, Circuit Judge.

This important case has been exhaustively re-argued by eminent counsel upon a petition for rehearing, based (1) upon the record as it stood at the former hearing, and (2) upon' alleged newly discovered evidence. The questions raised, some of them now, for the first time, have been carefully considered, and the conclusions reached are as follows:

First—On the former hearing it was held, as will be seen by the opinion then announced, that an attorney at law cannot purchase from his client the subject matter of litigation in which he is employed and acting, if, as a part of…