Legal Opinion

Donaldson v. Eaton & Estes

Supreme Court of Iowa

Decided December 14, 1907PublishedCited by 18 opinions

Appeal from Freemont District Court.— HoN. O. D. Wheele-e, Judge. This proceeding to require defendants to refund to plaintiff $2,000 for extortionate fees exacted from bim by defendants in excess of a reasonable compensation in their capacity as his attorneys was instituted in the lower court by motion, as authorized by Code, section 3826. After hearing the evidence the lower court dismissed plaintiff’s action, and he appeals.

1Opinion of the Court

McClaiN, I.

The evidence, without substantial conflict save as to one point to be hereafter noticed, shows that in November, 1904, the plaintiff, who was seventy years of age, a farmer and a resident of Ereemont county, consulted defendants, as attorneys practicing in that county, with reference to difficulties and disagreements with his wife., to whom he had been married about eight months, and expressed to them the desire for ¿ divorce from his wife in order that she might not have her statutory share of his property should she survive him. The defendants were not able to discover in…

2Cases cited18 opinions

  1. Newman v. FreitasCalifornia Supreme Court · 1900
  2. Jordan v. WestermanMichigan Supreme Court · 1886
  3. Kisling v. ShawCalifornia Supreme Court · 1867
  4. Boardman v. ThompsonSupreme Court of Iowa · 1868
  5. Barngrover v. PettigrewSupreme Court of Iowa · 1905

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3Cited by18 opinions

  1. Committee on Professional Ethics & Conduct of the Iowa State Bar Ass'n v. MershonSupreme Court of Iowa · 1982
  2. John Burk, P.C. v. BurzynskiWyoming Supreme Court · 1983
  3. Bump v. District Court of Polk CountySupreme Court of Iowa · 1942
  4. Thompson v. Boatmen's National BankSupreme Court of Missouri · 1941
  5. Cochran v. ZacherySupreme Court of Iowa · 1908

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