Hawk & Co. v. Evans
Supreme Court of Iowa
Appeal from Harrison District Court. — Hon. C. H. Lewis, Judge, The defendants were at one time practicing law under the partnership name of Evans & Roadifer, and this action was brought to recover a certain amount of money collected by them as such attorneys, which they had refused to account for. The defendant Roadifer alone appeared, and pleaded a prior adjudication, and also a counter-claim, based on alibelous communication.
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Appeal from Harrison District Court. — Hon. C. H. Lewis, Judge, The defendants were at one time practicing law under the partnership name of Evans & Roadifer, and this action was brought to recover a certain amount of money collected by them as such attorneys, which they had refused to account for. The defendant Roadifer alone appeared, and pleaded a prior adjudication, and also a counter-claim, based on alibelous communication. Trial by jury, judgment for the plaintiff, and the defendant Roadifer appeals.
1Opinion of the CourtRothrock, J.
— The evidence tended to show that the plaintiff placed in the hands of the defendants, as attorneys at law, for collection, a claim or demand against R. B. Ely. At that time the defendants were partners, and as such received the claim for collection. Afterwards such partnership was dissolved, and thereafter Ely paid the amount due on the claim to the defendant Evans. Prior to the commencement of this action, the plaintiff commenced a proceeding against the defendants, under the provisions of section 2906 of the Code, which provides as follows: “Judgments or final orders may be obtained on…
2Cases cited4 opinions
- Dwight v. . St. JohnNew York Court of Appeals · 1862
- Matter of the Petition of LivingstonNew York Court of Appeals · 1866
- Hahn v. MillerSupreme Court of Iowa · 1886
- Easton v. . PickersgillNew York Court of Appeals · 1878
3Cited by11 opinions
- Baisley v. BaisleySupreme Court of Missouri · 1893
- Young v. O'KEEFESupreme Court of Iowa · 1957
- Enderlin State Bank v. JenningsNorth Dakota Supreme Court · 1894
- Moore v. HornerIndiana Supreme Court · 1896
- Union Building & Saving Ass'n v. SoderquistSupreme Court of Iowa · 1901
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