Legal Opinion

Kelly v. Inc. Town of West Bend

Supreme Court of Iowa

Decided April 10, 1897PublishedCited by 6 opinions

Appeal from Palo Alto District Court. — Hon. W. B ■ Quarton, Judge. Action at. law to recover attorney’s fees. Defendant admits the employment of plaintiff, but says Ms services were not worth to exceed the sum of one hundred and twenty-five dollars, for which amount it offered to confess judgment. Plaintiff refused to accept the offer, and the case was tried to a jury, resulting in a verdict and judgment in his favor for the sum of two hundred and fifteen dollars.

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Appeal from Palo Alto District Court. — Hon. W. B ■ Quarton, Judge. Action at. law to recover attorney’s fees. Defendant admits the employment of plaintiff, but says Ms services were not worth to exceed the sum of one hundred and twenty-five dollars, for which amount it offered to confess judgment. Plaintiff refused to accept the offer, and the case was tried to a jury, resulting in a verdict and judgment in his favor for the sum of two hundred and fifteen dollars. Defendant appeals.

1Opinion of the CourtDeemer, J.

1 Plaintiff,' who is an attorney at law, was employed by the defendant to represent it, and defend a certain action brought by one Edith Wheelock against the town, to recover damages for personal injuries received by her while passing over and along a sidewalk, which it was claimed defendant negligently permitted to become and remain out of repair, and dangerous to travelérs; and he claimed that two hundred and fifty dollars was and is a reasonable compensation for his services. The defendant admits the employment of plaintiff, but says that his charges are unreasonable, unjust, and…

2Cases cited8 opinions

  1. Bliven v. City of Sioux CitySupreme Court of Iowa · 1892
  2. Coakley v. McCartySupreme Court of Iowa · 1871
  3. Kline v. K. C., St. J. & C. B. R.Supreme Court of Iowa · 1879
  4. Allen v. B., C. R. & N. R.Supreme Court of Iowa · 1882
  5. Kitteringham v. Sioux City & Pacific Railway Co.Supreme Court of Iowa · 1883

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3Cited by6 opinions

  1. Smith v. PineSupreme Court of Iowa · 1943
  2. Dorman v. Credit Reference & Reporting Co.Supreme Court of Iowa · 1932
  3. Clark v. EllsworthSupreme Court of Iowa · 1898
  4. Northwestern Trading Co. v. Western Live Stock InsuranceSupreme Court of Iowa · 1917
  5. Chicago, Anamosa & Northern Railway Co. v. WhitneySupreme Court of Iowa · 1909

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