Ellwood v. Wilson
Supreme Court of Iowa
Appeal from Boone District Court. Attorneys’ fees : action for : construction of contract, pleading, &o. — This action is brought by the plaintiffs, who are attorneys at law, to recover for professional service alleged to have been rendered by them for the defendant. The record shows that, at the April Term, 1865, of the Boone District Court, Wilson recovered a judgment against the Cedar Rapids and Missouri River Railroad company, the plaintiffs acting as his attorneys.
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Appeal from Boone District Court. Attorneys’ fees : action for : construction of contract, pleading, &o. — This action is brought by the plaintiffs, who are attorneys at law, to recover for professional service alleged to have been rendered by them for the defendant. The record shows that, at the April Term, 1865, of the Boone District Court, Wilson recovered a judgment against the Cedar Rapids and Missouri River Railroad company, the plaintiffs acting as his attorneys. Soon after, the parties entered into the following written contract, to wit: “J. A. Wilson v. “ The Cedar Rapids and…
1Opinion of the CourtDillon, J.
Certain instructions given and refused are-assigned as error.
i. attounky: contract with clients. I. The plaintiffs asked, but the court refused to charge, “ that, if an appeal was taken by the railroad company . and plaintiffs had entered' upon the performance of tne contract on their part, the deiendant (Wilson) had no right to settle the suit without plaintiffs’ consent, and, if he did so, he would still be liable to the plaintiffs for the amount specified in the contract J
It is our opinion that this ruling is correct. The contract was not' intended to prevent the defendant from' *527settling…
2Cases cited3 opinions
- State ex rel. Veile v. FunckSupreme Court of Iowa · 1864
- State v. LyonSupreme Court of Iowa · 1860
- Formholz v. TaylorSupreme Court of Iowa · 1862
3Cited by16 opinions
- North Chicago Street Railroad v. AckleyIllinois Supreme Court · 1897
- Davis v. WebberSupreme Court of Arkansas · 1899
- Jackson v. StearnsOregon Supreme Court · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. BlaylockSupreme Court of Arkansas · 1915
- Milanko v. JensenIllinois Supreme Court · 1949
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