Legal Opinion

Haiman & Brother v. Moses & Gerrard

Supreme Court of Georgia

Decided December 15, 1869PublishedCited by 40 opinions

Attorneys’ fees. Charge of the Court. Before Judge Johnson. Muscogee Superior Court. May Term, 1869. Moses & Gerrard brought complaint against L. Haiman & Brother upon an open account, one item of which was “ For professional services in the matter of Henry Lafour vs. L. Haiman & Brother, $2,500.” The other items were for small fees, amounting in the aggregate to $60 00, and about which there was no dispute.

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Attorneys’ fees. Charge of the Court. Before Judge Johnson. Muscogee Superior Court. May Term, 1869. Moses & Gerrard brought complaint against L. Haiman & Brother upon an open account, one item of which was “ For professional services in the matter of Henry Lafour vs. L. Haiman & Brother, $2,500.” The other items were for small fees, amounting in the aggregate to $60 00, and about which there was no dispute. As to the first item, the evidence was as follows: During the war between the United States and the Confederate States, defendants, one Rosenburg and others, formed a partnership to buy…

1Opinion of the CourtBrown, C. J.

1. We have ruled again and again that this Court will not grant a new trial when the evidence is in conflict, and no rule of law has been violated, and the Judge who tried the case is satisfied with the verdict.

2. The motion for a new trial in this case rests mainly on the ground that the declaration charges that the defendants are indebted to the plaintiffs in the sum of $2,500 00 for “professional services,” and that plaintiffs claim $250 00, as a retaining fee, and the value of the services rendered by them in addition to the retainer, and that upon this declaration, evidence was submitted…

2Cases cited4 opinions

  1. Harrison v. YoungSupreme Court of Georgia · 1851
  2. Bryan v. GurrSupreme Court of Georgia · 1859
  3. Wilhelms v. Noble Bros. & Co.Supreme Court of Georgia · 1867
  4. Shewmake v. Executors of JonesSupreme Court of Georgia · 1867

3Cited by40 opinions

  1. Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
  2. Napier v. StrongCourt of Appeals of Georgia · 1917
  3. Gainesville & Northwestern Railroad v. GallowayCourt of Appeals of Georgia · 1916
  4. Taylor v. TaylorSupreme Court of Georgia · 1943
  5. Central Railroad & Banking Co. v. AttawaySupreme Court of Georgia · 1893

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