Turner v. Myers
Supreme Court of Iowa
Appeal from Cedar District Court Plaintiff, an attorney, sues for Ms professional services in two eases. The value of the services is admitted as claimed, and the testimony’as to the retainer was as follows: D. G-. Myers, the son of the appellant, and residing with her prior to 1860, brought replevin against one Bink for a horse, giving a bond, with his mother as his surety.
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Appeal from Cedar District Court Plaintiff, an attorney, sues for Ms professional services in two eases. The value of the services is admitted as claimed, and the testimony’as to the retainer was as follows: D. G-. Myers, the son of the appellant, and residing with her prior to 1860, brought replevin against one Bink for a horse, giving a bond, with his mother as his surety. The case was appealed to the District Court, and plaintiff was employed by the son to assist in the trial. Judgment was there rendered against the principal and surety on the bond. Plaintiff then, at the request of the…
1Opinion of the CourtWright, J.
Attorney: “?ainCT0OT recogmtion. The only testimony in the case is that of the plaintiff. Giving to the findings of the court below every presumption to which, upon well settled rules, it is entitled, we are to detei-m:[ne ¶-hetRex' it was warranted by the testimony. In other words, is the verdict, for the findings of the court are to be treated as such, so far and clearly against the weight of testimony as to justify our interference ?
That the son was liable for these sex-vices, there is no question. He was the px-incipal, and expx-essly retained plaintiff to prosecute and defend the suits…
2Cases cited2 opinions
- McCullough v. RobinsonIndiana Supreme Court · 1851
- Hotchkiss v. Le RoyNew York Supreme Court · 1812
3Cited by3 opinions
- Grimball v. CruseSupreme Court of Alabama · 1881
- Broadlawns Polk County Hospital Ex Rel. Fenton v. Estate of MajorSupreme Court of Iowa · 1978
- Rives v. PattyMississippi Supreme Court · 1896