Preston v. Preston
Michigan Supreme Court
This was an action of assumpsit, brought by the plaintiff in the Calhoun Circuit Court, to recover certain fees clue him for services rendered as clerk of that court. Plea, general issue.
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This was an action of assumpsit, brought by the plaintiff in the Calhoun Circuit Court, to recover certain fees clue him for services rendered as clerk of that court. Plea, general issue. On the trial before the Hon. E. Ransom, Presiding Judge, the plaintiff offered to prove that, as clerk of the court, he rendered the services for which the fees were claimed, in causes which were prosecuted and conducted in that court by the defendant as the attorney of record, and that, as to some portions of the services, the defendant applied to the plaintiff and procured them to be rendered. But no…
1Opinion of the CourtFetch, J.
This case involves the inquiry as to how far an attorney *293of record in a cause, is liable to the clerk of the court for his fees, for services rendered on behalf of the client whom he represents.
By the Revised Statutes, (R. S. 418, § 8,) original writs are required to be endorsed by the attorney for the plaintiff before service. This seems intended merely as a matter of convenience. No provision of law has annexed to it any legal liability. When the plaintiff is a non-resident, the writ is required to be endorsed by some sufficient person, who is an inhabitant of the state, and such endorser…
2Cited by3 opinions
- Judson v. . GrayNew York Court of Appeals · 1854
- Hutchins v. TaylorU.S. Circuit Court for the District of Rhode Island · 1842
- Doughty v. PaigeSupreme Court of Iowa · 1878