Barbee v. Aultman, Miller & Co.
Supreme Court of Iowa
Appeal from Carroll District Court.— Hon. S. M. Elwood, Judge. Action at law to recover attorney’s fees taxed in a certain judgment obtained by the defendant and collected by it. Plaintiff claimed to be the owner of these fees by virtue of an assignment thereof to him from 0. H. Manning. The defendant denied the plaintiff’s claim, and further pleaded a settlement with plaintiff. Defendant also pleaded a counter-claim against plaintiff for money unaccounted for.
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Appeal from Carroll District Court.— Hon. S. M. Elwood, Judge. Action at law to recover attorney’s fees taxed in a certain judgment obtained by the defendant and collected by it. Plaintiff claimed to be the owner of these fees by virtue of an assignment thereof to him from 0. H. Manning. The defendant denied the plaintiff’s claim, and further pleaded a settlement with plaintiff. Defendant also pleaded a counter-claim against plaintiff for money unaccounted for. In reply, plaintiff pleaded the statute of limitations against the counter-claim, to which defendant responded by saying that…
1Opinion of the CourtDeemer, J.
— In September, 1875, and January, 1876, the defendant recovered judgments in the circuit court of Carroll county against one C. Karges, in each of which an attorney’s fee of fifteen dollars was taxed. 0. H. Manning was appellant’s attorney of record in these cases. These judgments were apparently satisfied by an entry made on the judgment docket in each case on March 4, 1890, as follows: “Received from C. Karges payment and satisfaction in full of this judgment and costs. Aultman, Miller & Co., by Warren Gammon, Their Attorney.” It is the attorney’s fees, so taxed, with interest, that…
2Cases cited5 opinions
- County of Buena Vista v. I. F. & S. C. R.Supreme Court of Iowa · 1880
- Root v. HeilSupreme Court of Iowa · 1889
- McIntire v. CagleySupreme Court of Iowa · 1873
- Williams v. MeekerSupreme Court of Iowa · 1870
- Musser v. CrumSupreme Court of Iowa · 1878
3Cited by2 opinions
- Butzel v. Webster Apartments Co.Court of Appeals for the Sixth Circuit · 1940
- Schnitker v. SchnitkerSupreme Court of Iowa · 1899