Davis v. Webber
Supreme Court of Arkansas
Appeal from Miller Circuit Court in Chancery. Rufus D. Hearn, Judge. The rights of an attorney must not conflict with the interests of his client. Weeks, Attys. §§ 258, 271; 57 Ark. 93; 9 Fed. 721. Dealings between attorney and client are scrutinized elosety, and the onus is upon the attorney to show fairness. Weeks, Attys. §§ 268, 273, 276, 277; 1 Am. & Eng. Enc. Law (2 Ed.), 333; Story, Eq. §§ 310, 311; 5 Johns.
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Appeal from Miller Circuit Court in Chancery. Rufus D. Hearn, Judge. The rights of an attorney must not conflict with the interests of his client. Weeks, Attys. §§ 258, 271; 57 Ark. 93; 9 Fed. 721. Dealings between attorney and client are scrutinized elosety, and the onus is upon the attorney to show fairness. Weeks, Attys. §§ 268, 273, 276, 277; 1 Am. & Eng. Enc. Law (2 Ed.), 333; Story, Eq. §§ 310, 311; 5 Johns. Ch. 48; 7 Atl. 842. The contract that appellee should have the penalty as his fee is void. Weeks, Attys. 724, 725; 49 N. E. 222. The agreement that the client would not compromise…
1Opinion of the CourtWood, J.
This is a suit by Webber against Davis to recover the sum of $2,885.50 for services, as an attorney at law, under a certain contract, and to declare and enforce a lien for such sums upon certain property. The contract is as follows: “Whereas, by the judgment of the Miller county circuit court in the case of Mansur v. Tebbetts Implement Co., and Hargadine-McKittrick Dry Goods Co. v. Robt. Ellis, in which N. L. Davis was interpleader, the proceeds of the sale of the stock of goods bought from said Ellis by said Davis was adjudged to be the property of N. L. Davis, and ordered to be immediately…
2Cases cited13 opinions
- Stewart v. H. & T. C. R'y Co.Texas Supreme Court · 1884
- Clark v. . GilbertNew York Court of Appeals · 1863
- Brodie v. WatkinsSupreme Court of Arkansas · 1878
- Gilman, Son & Co. v. JonesSupreme Court of Alabama · 1888
- Coquillard's Adm'r v. BearssIndiana Supreme Court · 1863
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3Cited by45 opinions
- Matter of SnyderNew York Court of Appeals · 1907
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- Roller v. MurraySupreme Court of Virginia · 1911
- Bayou Meto Drainage District v. ChaplineSupreme Court of Arkansas · 1920
- Jackson v. StearnsOregon Supreme Court · 1906
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