Legal Opinion

Weber v. Shay & Cogan

Ohio Supreme Court

Decided March 9, 1897Published

Error to the Circuit Court of Warren county. Shay & Cogan brought suit against Weber in the court of common pleas alleging in their petition that “the defendant entered into a contract with plaintiffs by which it was agreed that they, the said Sháy & Cogan as attorneys at law, should protect the interests of the said Guy Weber and one William Anderson in certain criminal actions then and there threatened and suggested and pending in the eourt of common pleas of Hamilton…

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Error to the Circuit Court of Warren county. Shay & Cogan brought suit against Weber in the court of common pleas alleging in their petition that “the defendant entered into a contract with plaintiffs by which it was agreed that they, the said Sháy & Cogan as attorneys at law, should protect the interests of the said Guy Weber and one William Anderson in certain criminal actions then and there threatened and suggested and pending in the eourt of common pleas of Hamilton county, Ohio, and in the United States circuit court within and for the sixth judicial circuit and southern district of…

1Opinion of the CourtShauck, J.

In view of the verdict, the overruling of the motion for a new trial, and the judgment of affirmance in the circuit court, the making of the contract is to be regarded as established. And although the defense of Anderson on the trial of indictments found against him would have been the subject of a valid contract if not connected with any other agreement, the jury were properly instructed that the contract was entire and there could be no recovery if the services to be rendered in behalf of Weber were illegal. Whether they were illegal or not is, therefore, the only question for consideration…

2Cases cited7 opinions

  1. Tool Co. v. NorrisSupreme Court of the United States · 1865
  2. Ricketts v. HarveyIndiana Supreme Court · 1886
  3. Schultz v. CulbertsonWisconsin Supreme Court · 1879
  4. Town of Hinesburgh v. SumnerSupreme Court of Vermont · 1837
  5. Arrington v. SneedTexas Supreme Court · 1856

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