Legal Opinion

Haley v. Hollenback

Montana Supreme Court

Decided May 15, 1917No. 3,759PublishedCited by 10 opinions

Appeal from District Court, Lewis and, Clarh County; J. M. Clements, Judge. Action by Andrew J. Haley against Matilda Hollenback. Judgment for plaintiff and defendant appeals from it and from an order denying her a new trial. This is not a contract between attorney and client, but a contract between a third person, not an attorney at law, who agrees to go out and get witnesses and hunt up testimony in order to get a portion of the recovery, if any recovery is had.

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Appeal from District Court, Lewis and, Clarh County; J. M. Clements, Judge. Action by Andrew J. Haley against Matilda Hollenback. Judgment for plaintiff and defendant appeals from it and from an order denying her a new trial. This is not a contract between attorney and client, but a contract between a third person, not an attorney at law, who agrees to go out and get witnesses and hunt up testimony in order to get a portion of the recovery, if any recovery is had. Such a contract is ehampertous, and therefore void. (Patterson v. Donner, 48 Cal. 369; Quirk v. Muller, 14 Mont. 467, 43 Am. St.…

1Opinion of the CourtChief Justice Brantly

In this action plaintiff recovered a verdict for $500 and costs. Defendant has appealed from the judgment entered thereon and from an order denying her a new trial. The ground of recovery alleged is a breach of contract.

On April 29, 1910, defendant’s son, John Hollenback, was electrocuted by coming in contact with a wire heavily charged *496with electricity. Hollenback was then in the employ of the Stone & Webster Engineering Corporation, which was engaged in the construction of a dam in the Missouri River, in Lewis and Clark county. Defendant thereafter brought an action against the corporation…

2Cases cited10 opinions

  1. Croco v. Oregon Short Line RailroadUtah Supreme Court · 1898
  2. Finley v. School District No. 1Montana Supreme Court · 1915
  3. Ware's Adm'r v. RussellSupreme Court of Alabama · 1881
  4. Quirk v. MullerMontana Supreme Court · 1894
  5. Lafferty v. JelleyIndiana Supreme Court · 1864

5 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Daniels v. PaddockMontana Supreme Court · 1965
  2. Thatcher v. DarrWyoming Supreme Court · 1921
  3. Schackow v. Medical-Legal Consulting Service, Inc.Court of Special Appeals of Maryland · 1980
  4. Barnes v. Boatmen's National BankSupreme Court of Missouri · 1941
  5. Coleman v. SissonMontana Supreme Court · 1924

5 more not listed; retrieve them via the Exa API.

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