County of Stark v. Mischel
North Dakota Supreme Court
Action to recover an unauthorized and illegal payment made upon a contract with an attorney. From a judgment rendered in the District Court of Stark County, in favor of the plaintiff, the defendant's appeal. When a state court and a court of the United States may each .take jurisdiction of a matter, the tribunal where jurisdiction first attaches holds it, to the exclusion of the other, until its duty is fully performed and the jurisdiction involved is exhausted.
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Action to recover an unauthorized and illegal payment made upon a contract with an attorney. From a judgment rendered in the District Court of Stark County, in favor of the plaintiff, the defendant's appeal. When a state court and a court of the United States may each .take jurisdiction of a matter, the tribunal where jurisdiction first attaches holds it, to the exclusion of the other, until its duty is fully performed and the jurisdiction involved is exhausted. Gage v. Trust Go. 86 Fed. 894; Freeman v. Howe, 65 H. S. 450; ITerdritti v. Oil Cloth Co. 112 U. S. 294. A civil officer has the…
1ConcurrenceBirdzell, J.
I concur in the affirmance of the judgment for the reasons assigned in the opinion of the court as prepared by Mr. Justice Bronson, except wherein it is held that champerty necessarily vitiates and renders void a contract for the employment of an attoimey. By thus qualifying my concurrence in the main opinion, I do not wish to be understood as either contenancing or discountenancing so-called champertous . agreements.
This agreement being void for the other reasons assigned, I deem it unnecessary to consider whether or not its champertous character would of itself vitiate it. This might depend…
2Cases cited5 opinions
- Blaisdell v. AhernMassachusetts Supreme Judicial Court · 1887
- Greenleaf v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1915
- Woods v. WalshNorth Dakota Supreme Court · 1898
- City of Dickinson v. WhiteNorth Dakota Supreme Court · 1913
- Rohan v. JohnsonNorth Dakota Supreme Court · 1916