Legal Opinion

Doughty v. Paige

Supreme Court of Iowa

Decided June 6, 1878PublishedCited by 1 opinion

Appeal from Pottawattamie District Court. The plaintiff was formerly sheriff of Pottawattamie county, and, as such officer, served notices and performed other services in cases pending in the District and Circuit Courts for persons for whom the defendant was acting as attorney.

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Appeal from Pottawattamie District Court. The plaintiff was formerly sheriff of Pottawattamie county, and, as such officer, served notices and performed other services in cases pending in the District and Circuit Courts for persons for whom the defendant was acting as attorney. The petition avers that the plaintiff’s fees for such services were charged to the defendant; that he consented thereto, and promised to pay the same; that it was customary’ to charge such fees to attorneys, of which custom the defendant was informed. There was a trial without a jury, and judgment for defendant.…

1Opinion of the CourtAdams, J.

1. attorney: custom.' I. The plaintiff was examined as a witness in his own behalf, and his counsel asked him, among other questions, the following: “State whether or not it was generally customary among the attorneys of the Pottawattamie county bar, at that time, to become responsible to you for fees in cases in which they were attorneys?” To-this question the defendant objected as immaterial, and the objection was sustained. In our opinion the question was immaterial. We think that the defendant would not have been bound by such custom if it had been proven. If the attorneys at that bar…

2Cases cited3 opinions

  1. Wires v. BriggsSupreme Court of Vermont · 1833
  2. Preston v. PrestonMichigan Supreme Court · 1844
  3. Moore v. PorterSupreme Court of Pennsylvania · 1825

3Cited by1 opinion

  1. C. C. Plumb Mixes, Inc. v. StoneSupreme Court of Rhode Island · 1971

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