Legal Opinion

McIver v. Clarke

Mississippi Supreme Court

Decided October 15, 1891PublishedCited by 9 opinions

From the chancery court of Lee county. The Hon. Baxter McFarland, being disqualified, Newman Cayce, Esq., a member of the bar, was selected according to law, and presided as special chancellor in this case.

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From the chancery court of Lee county. The Hon. Baxter McFarland, being disqualified, Newman Cayce, Esq., a member of the bar, was selected according to law, and presided as special chancellor in this case. In 1885, defendant, Mrs. Mclver, loaned to the complainant, Mrs. Clarke, $700, taking her note for the amount, payable at one year, and, as collateral security, she received from Mrs. Clarke the notes of one Siddall, which were given for the purchase-money of certain land. Prior to the said loan, Mrs. Mclver had employed the law firm of Lacey & Clarke as her attorneys in certain litigation…

1Opinion of the CourtWoods, J.

The contract sued on is an entire one. It secures upon the one side the services of Messrs. Lacey & Clarke, as attorneys, in the suit of appellant against the Okolona Savings Institution, and upon the other side it secures from Mrs. McIver the lowest fee chargeable for such professional services under the fee-bill of the Okolona bar. The services were to cover the entire litigation, and were to be paid for by such lowest fee. Not each step taken, or each labor performed, in the progress of the cause, was to be paid for, but the litigation in its entirety was to he conducted by the attorneys,…

2Cases cited1 opinion

  1. Carter v. StateMississippi Supreme Court · 1882

3Cited by9 opinions

  1. Wise v. RadisCalifornia Court of Appeal · 1925
  2. Payne v. De VaughnCalifornia Court of Appeal · 1926
  3. Leland v. FordMichigan Supreme Court · 1929
  4. Buscaglia v. Tribunal de Contribuciones de Puerto RicoSupreme Court of Puerto Rico · 1945
  5. Crum v. Carrington Shoe Co.Mississippi Supreme Court · 1894

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