Giffert v. McGuern

Hr. Justice Gary

delivered the opinion of the Court.

The appellee, who is the executrix of the last will, etc., of her deceased husband, John D. McGuern, sued before a justice of the peace the appellant, and her husband, William Giffert, for attorney fees in a chancery suit in which the appellant and her husband were complainants, though the latter was improperly joined, as it was a suit to clear the title of her real property. That the deceased was their solicitor, retained by them both, there is evidence tending to prove. William Giffert was not served, and judgment ivas obtained before the…