Perry v. Bailey
Supreme Court of Kansas
Error from Doniphan district court. Perry sued Bailey for services rendered as an attorney at law. Trial at the September term, 1873, of the district court. Perry asked certain instructions. The third instruction asked was modified by the court.
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Error from Doniphan district court. Perry sued Bailey for services rendered as an attorney at law. Trial at the September term, 1873, of the district court. Perry asked certain instructions. The third instruction asked was modified by the court. Said instruction, as modified, is as follows, the modification being the adding of the clause at the end printed in italics, and inclosed in brackets, to-wit: “(3) If the jury find from the evidence that the plaintiff in this suit acted as attorney for William Bailey, the defendant in the suit of Bixby v. Bailey, and that said Bailey knew that said…
1Opinion of the CourtBrewer, J.
This was an action to recover for professional services, as an attorney. Bailey was a defendant in an action of ejectment, brought by one Bixby. In that action Perry, the plaintiff in error, appeared as attorney for Bailey; tried and won the case. He then. brought this action to recover for his services. On the trial it appeared that Bailey had *purchasedthe land in controversy in the ejectment case from Simeon Fox, w'ho had obtained it by deed from Dana Fox, his father. The defense in this suit was. *417that Bailey, after having been served with summons in the ejectment case, notified his…
2Cases cited16 opinions
- United States v. ReidSupreme Court of the United States · 1852
- Wright v. Illinois & Mississippi Telegraph Co.Supreme Court of Iowa · 1866
- Richardson v. JonesNevada Supreme Court · 1865
- Grinnell v. PhillipsMassachusetts Supreme Judicial Court · 1805
- People v. DouglassNew York Supreme Court · 1825
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