Legal Opinion

Hopkins v. Mallard

Supreme Court of Iowa

Decided January 15, 1848Published

Error, to Jackson District Court. This is an action of assumpsit, brought to recover the price of plaintiff’s services as an attorney in a case in this court. The only point in the case, is, whether the fact of the plaintiff’s having been employed as counsel in the case in the district court, was sufficient to authorize him to appear in the supreme court without any other authority.

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Error, to Jackson District Court. This is an action of assumpsit, brought to recover the price of plaintiff’s services as an attorney in a case in this court. The only point in the case, is, whether the fact of the plaintiff’s having been employed as counsel in the case in the district court, was sufficient to authorize him to appear in the supreme court without any other authority. The district court decided that the plaintiff could not reGover for his services in the supreme court unless he could show a' special request by defendant for .plaintiff to render said services ; and decided that…

1Opinion of the Court

Opinion by

Greene, J.

Hopkins sued Mallory in the district court of Jackson county, in assumpsit,for professional services as attorney at law, in the district and supreme courts. The intervention of a jury was waved by the parties, and the issue submitted to the court, under the plea of non-assumpsit. Verdict and judgment for the defendant.

The bill of exceptions shows that a specific agreement ivas made by the parties for professional service in the district court, and that the stipulated sum for that service, was paid by the defendant to the plaintiff; The plaintiff’s bill of particulars…

2Cases cited1 opinion

  1. Hotchkiss v. Le RoyNew York Supreme Court · 1812

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