Proctor Coal Co. v. Tye
Court of Appeals of Kentucky
Case 48. — ACTION BY J. C. CHANDLER AGAINST THE PROCTOR COAL CO., IN WHICH AFTER SETTLEMENT OF THE LITIGATION WITHOUT THE KNOWLEDGE OF PLAINTIFFS ATTORNEYS, TYE & DENHAM, THEY PETITIONED FOR A RECOVERY OF THEIR FEE. — Appeal from Whitley Circuit Court. M. L. Jarvis, Circuit Judge. Judgment for Plaintiffs. Defendant Appeals.
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Case 48. — ACTION BY J. C. CHANDLER AGAINST THE PROCTOR COAL CO., IN WHICH AFTER SETTLEMENT OF THE LITIGATION WITHOUT THE KNOWLEDGE OF PLAINTIFFS ATTORNEYS, TYE & DENHAM, THEY PETITIONED FOR A RECOVERY OF THEIR FEE. — Appeal from Whitley Circuit Court. M. L. Jarvis, Circuit Judge. Judgment for Plaintiffs. Defendant Appeals. The appellant asks a reversal of this case,— " 1. Because under Sec. 96, sub-sec. 3, of the Civil Code, a cross-petition is defined to be, “The commencement of an action by a defendant against a eodefendant, &c.” and the appellees in this action were not parties to the…
1Opinion of the Court
Opinion by
John D. Carroll — Commissioner,
Affirming.
Appellees, as attorneys for J. C. Chandler, filed a suit in the Whitley circuit court against appellant to recover $10,080 damages alleged to have been sus*384tained by Chandler through the negligence of appelant. A short time after this action was brought, •and after summons had been executed upon the defendant, Chandler and the defendant in that action, now appellant, without the knowledge or consent of his attorneys, compromised and settled the litigation between them, and it was agreed that the action should be dismissed at the costs of the…
2Cases cited1 opinion
- Hubble v. DunlapCourt of Appeals of Kentucky · 1897
3Cited by9 opinions
- Newport Rolling Mill Co. v. HallCourt of Appeals of Kentucky · 1912
- Bell County Board of Education v. LeeCourt of Appeals of Kentucky (pre-1976) · 1931
- Elk Valley Coal Mining Co. v. WillisCourt of Appeals of Kentucky · 1912
- Druzille v. RollCourt of Appeals of Kentucky · 1919
- Procter v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1913
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