Swift v. Register
Supreme Court of Georgia
Action for damages. Before Judge Smith. Wilcox superior court. March term, 1895. The case of Swift and Swift against Register, Wylly and Schmidt came on. to be tried.
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Action for damages. Before Judge Smith. Wilcox superior court. March term, 1895. The case of Swift and Swift against Register, Wylly and Schmidt came on. to be tried. Plaintiffs’ counsel announced to the court that the parties had met and settled 'the case in vacation, and that they wished to try the case to secure a judgment against defendants for their fees, said settlement having been made without their knowledge or consent and without any authority to settle their lien for fees. The case proceeded, and at the close of the evidence the judge ruled, that the settlement having been made with…
1Opinion of the Court
Atkinson, Justice.
The official report states the facts. Whether or not the settlement of the original cause of action between the parties, with the approval of one of the counsel for the plaintiffs, is binding likewise upon his associate counsel to the extent of preventing a further prosecution of the suit by the latter for the purpose of recovering a contingent fee, Ave will not in the present case pause to inquire. This was permitted by the trial court. To the successful prosecution of such an action, after settlement between the original parties, by the counsel employed upon a contingent…
2Cases cited1 opinion
- Rodgers v. FurseSupreme Court of Georgia · 1889
3Cited by2 opinions
- Early v. HamptonCourt of Appeals of Georgia · 1914
- Modlin v. SmithCourt of Appeals of Georgia · 1913