Hiller v. Landis
Supreme Court of Iowa
Appeal from Hardin District Oourt. Action in equity. At the April term, 1874, tlie case was submitted to be beard in vacation on written evidence, and by arguments of counsel in writing. In August, 1874, in vacation, the judge filed bis decision dismissing plaintiff’s petition, and rendering a decree upon defendant’s cross-petition.
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Appeal from Hardin District Oourt. Action in equity. At the April term, 1874, tlie case was submitted to be beard in vacation on written evidence, and by arguments of counsel in writing. In August, 1874, in vacation, the judge filed bis decision dismissing plaintiff’s petition, and rendering a decree upon defendant’s cross-petition. A decree was drawn up by defendant’s counsel and entered of record as of the April term, 1874. At tbe April term, 1875, tbe plaintiff made a motion to strike the decree from tbe record, setting up, among other things, as ground for tbe motion, that be bad no…
1Opinion of the CourtAdams, J.
Section 213 of the Code provides that “an attorney and counselor has power to bind his client to any agreement in respect to any proceeding within the scope of proper duties and powers, but no evidence of any such agreement is receivable, except the statement of the attorney himself, 'his written agreement signed and filed with the clerk, or an entry thereof upon the records of the court.”
i. attorney: of: practice, In this case, there was an entry made upon the records, but not until a year, after the making of the alleged agreement, and not until a dispute had arisen as to whether suoh…
2Cited by2 opinions
- Council Bluffs Loan & Trust Co. v. JenningsSupreme Court of Iowa · 1890
- Loter v. Metropolitan Life InsuranceSupreme Court of Iowa · 1941