Senn v. Joseph
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried, before the Hon. James J. Banks. • A suit'was brought by appellant, Charles A Senn, Register for the use of S. W. Downey, to recover damages for the breach of an injunction bond, given by. appellees, conditioned, to pay all such damages as said Downey might sustain by the suing out of an injunction to restrain the sale of certain stock in the Birmingham, Powderly & Bessemer Street Railroad Company, should the same be…
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Appeal from the Circuit Court of Jefferson. Tried, before the Hon. James J. Banks. • A suit'was brought by appellant, Charles A Senn, Register for the use of S. W. Downey, to recover damages for the breach of an injunction bond, given by. appellees, conditioned, to pay all such damages as said Downey might sustain by the suing out of an injunction to restrain the sale of certain stock in the Birmingham, Powderly & Bessemer Street Railroad Company, should the same be dissolved. The complaint alleged the dissolution of the injunction, and claimed as damages attorney’s fees and a depreciation of…
1Opinion of the CourtColeman, J.
— There is but one question in the case, and that is whether an attorney, representing a plaintiff in a pending litigated suit, has authority to bind his client by a compromise judgment for a less amount than that claimed and sued for.
The appellant had sued the appellees upon an injunction bond, and claimed as damages the full amount stipulated in the bond. Her counsel, without authority, or her knowledge, entered into a written agreement with the defendants to accept a judgment for a less amount than claimed, and upon the call of the case, a judgment was rendered for her as per written…
2Cases cited9 opinions
- Robinson v. MurphySupreme Court of Alabama · 1881
- Rosenbaum v. StateSupreme Court of Alabama · 1859
- Ex parte HayesSupreme Court of Alabama · 1890
- Harvey v. ThorpeSupreme Court of Alabama · 1856
- Gullett v. LewisSupreme Court of Alabama · 1830
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Dwight v. HazlettWest Virginia Supreme Court · 1929
- Craft v. Standard Acc. Ins. Co.Supreme Court of Alabama · 1929
- Berk v. State Ex Rel. ThompsonSupreme Court of Alabama · 1932
- Mitchum v. HudgensSupreme Court of Alabama · 1988
- Ex Parte Merchants Nat. Bank of MobileSupreme Court of Alabama · 1952
21 more not listed; retrieve them via the Exa API.