Baxter v. Billings
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Colorado. This is an appeal from a decree sustaining a demurrer to and dismissing a bill exhibited in the court below by Joseph N. Baxter against Margaret Billings, Margaret Cavner, Jerome B. Wheeler, and the Aspen Mining & Smelting Company to enforce and foreclose a lien for one-half of the money and property which Margaret Billings was held to be entitled to recover from Wheeler and the Aspen Company by…
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Appeal from the Circuit Court of the United States for the District of Colorado. This is an appeal from a decree sustaining a demurrer to and dismissing a bill exhibited in the court below by Joseph N. Baxter against Margaret Billings, Margaret Cavner, Jerome B. Wheeler, and the Aspen Mining & Smelting Company to enforce and foreclose a lien for one-half of the money and property which Margaret Billings was held to be entitled to recover from Wheeler and the Aspen Company by the terms of a decree which was rendered in a suit in equity which she and Margaret Cavner brought against them in the…
1Opinion of the CourtSanborn, Circuit Judge
A contract for the professional services of a particular attorney is an agreement of personal trust and confidence. Its chief consideration is the command which the retainer gives to the client over the learning, ability, skill, and experience which his chosen solicitor possesses. An agreement with a lawyer to commence and prosecute a suit is of the same character as a contract with an author to write a book. If the author dies, or abandons his work when it is half written, no substitute or successor can complete the book, and recover its price, because the literary ability of the original…
2Cases cited6 opinions
- Wilson v. New United States Cattle-Ranch Co.Court of Appeals for the Eighth Circuit · 1896
- Wright v. McCampbell & SonCourt of Appeals of Texas · 1890
- Martine v. International Life Insurance Society of LondonNew York Court of Appeals · 1873
- Morgan v. RobertsIllinois Supreme Court · 1865
- Moshier v. Kitchell & ArnoldIllinois Supreme Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Empire State Surety Co. v. Carroll CountyCourt of Appeals for the Eighth Circuit · 1912
- Roe v. Sears, Roebuck & Co.Court of Appeals for the Seventh Circuit · 1943
- Mulqueen v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1933
- In Re WoodworthDistrict Court, S.D. New York · 1936
- Estate of HastingsCalifornia Court of Appeal · 1952
3 more not listed; retrieve them via the Exa API.