Kilmer v. Gallaher
Supreme Court of Iowa
Appeal from Harrison District Court. — IIon. William Hutchinson, Judge. Plaintiee sued for an amount due him of $122.51-, and took an attachment against the property of the defendant that was levied thereon.
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Appeal from Harrison District Court. — IIon. William Hutchinson, Judge. Plaintiee sued for an amount due him of $122.51-, and took an attachment against the property of the defendant that was levied thereon. Defendant presented a counterclaim for the wrongful suing out of the attachment, claiming, including exemplary damages, $1,220. The cause was tried to a jury, and the court in its instructions told the jury that plaintiff was entitled to recover the amount of his claim, and submitted the cause on defendant’s counterclaim. The jury returned a verdict for defendant for $115, and found…
1Opinion of the Court
Granger, O. J.
It is an undisputed fact that the attorney for defendant agreed to a settlement of the case and a judgment against his client, without his knowledge or consent, and he was an attorney under a general employment. In Rhutasel v. Rule, 97 Iowa, 20, we cited and quoted from Ohlquest v. Farwell, 71 Iowa, 231, and held that an attorney under a general employment had no authority to consent to-judgment against his client, or waive any cause of action or defense in his case. We approved the same rule in Martin v. Insurance Co., 85 Iowa, 643. The case of Bigler v. Toy, 68 Iowa, 688,…
2Cases cited6 opinions
- Holker v. ParkerSupreme Court of the United States · 1813
- Ohlquest v. Farwell & Co.Supreme Court of Iowa · 1887
- Bigler v. ToySupreme Court of Iowa · 1886
- Martin v. Capital InsuranceSupreme Court of Iowa · 1892
- Rhutasel v. RuleSupreme Court of Iowa · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kwentsky v. SirovySupreme Court of Iowa · 1909
- Dragstra v. Northwestern State Bank of Orange CitySupreme Court of Iowa · 1971
- In Re Estate of CarpenterSupreme Court of Iowa · 1930
- Barber-Colman Co. v. Magnano Corp.Court of Appeals for the First Circuit · 1924
- Nothem v. VonderharrSupreme Court of Iowa · 1920
5 more not listed; retrieve them via the Exa API.