Legal Opinion

Sherwin v. Maben

Supreme Court of Iowa

Decided October 14, 1889PublishedCited by 13 opinions

Appeal from Cerro Cor do District Court. — Hon. G. W. Ruddick, Judge. The petition shows that, in 1885, the plaintiffs were a partnership engaged in the practice of law, and that as such they were employed to commence and prosecute a divorce proceeding for the defendant’s wife against him, and that the suit was commenced and prosecuted in the district court for Cerro Gordo county, and on appeal in this court; that in the prosecution of such suit the plaintiff therein…

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Appeal from Cerro Cor do District Court. — Hon. G. W. Ruddick, Judge. The petition shows that, in 1885, the plaintiffs were a partnership engaged in the practice of law, and that as such they were employed to commence and prosecute a divorce proceeding for the defendant’s wife against him, and that the suit was commenced and prosecuted in the district court for Cerro Gordo county, and on appeal in this court; that in the prosecution of such suit the plaintiff therein incurred costs and expenses, including attorney’s fees, to the amount of $506.97, of which amount one hundred and fifty-two…

1Opinion of the CourtGranger, J.

The arguments lead us to consider former decisions of this court bearing on the question, as. counsel for both parties claim support therefrom, and to some extent, as is frequently .the case, the opposing sides claim support from the same authority. The two grounds of the demurrer properly embody a proposition to this effect. Where attorneys in good faith render professional services for a wife in a divorce proceeding against her husband, does the law imply a promise on his part to pay therefor ? In considering the proposition it may be assumed that the law does imply such a promise as to…

2Cases cited3 opinions

  1. Porter v. BriggsSupreme Court of Iowa · 1874
  2. Clyde v. PeavySupreme Court of Iowa · 1888
  3. Preston v. JohnsonSupreme Court of Iowa · 1884

3Cited by13 opinions

  1. Naumer v. GrayAppellate Division of the Supreme Court of the State of New York · 1898
  2. State v. BartmessOregon Supreme Court · 1898
  3. Thorn v. KelleySupreme Court of Iowa · 1965
  4. Keehn v. KeehnSupreme Court of Iowa · 1902
  5. Wald v. WaldSupreme Court of Iowa · 1904

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