Legal Opinion

Ennis v. Hultz

Supreme Court of Iowa

Decided June 6, 1877PublishedCited by 5 opinions

Appeal from Wapello Circuit Court. The plaintiff, an attorney-at-law, claims $350 on account of professional services rendered for defendants.

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Appeal from Wapello Circuit Court. The plaintiff, an attorney-at-law, claims $350 on account of professional services rendered for defendants. The facts found by the court are as follows: ‘On or about the — day of-, 1869, Hon. J. W. Dixon was engaged in the practice of the law at Ottumwa, Iowa, and the defendants in this case having a tract of land near the city, the title to which was in dispute, called upon him and employed him to prosecute the case; and he agreed to prosecute the same to a final judgment, and if successful he was to receive as his compensation the sum of one hundred and…

1Opinion of the CourtAdams, J.

l. contbact: attorney’s fees. A lawyer makes a contract with his client to prosecute his case for $150. After doing a portion of the work he retires from the practice and turns the . case over (or attempts to do so) to a former partner, who prosecutes it to final judgment and charges $350 and is allowed to recover it. If the client knew that the case was thus turned over, there might be some reason for so holding. But in the absence of such knowledge we are clear that the special contract could not be considered as waived. What, then, is the fact in this case in regard to such knowledge? The…

2Cases cited2 opinions

  1. McCrary v. RuddickSupreme Court of Iowa · 1871
  2. Shelton v. JohnsonSupreme Court of Iowa · 1874

3Cited by5 opinions

  1. Porter v. ElizaldeCalifornia Supreme Court · 1899
  2. Gillilland v. BrantnerSupreme Court of Iowa · 1909
  3. Hudspeth v. YetzerSupreme Court of Iowa · 1889
  4. Dorr v. DudleySupreme Court of Iowa · 1907
  5. Allen v. ParishSupreme Court of Kansas · 1902

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