Maddy v. Prevulsky

The conclusion of the majority necessarily overrules the case of Gordon v. Brackey, 143 Iowa 102. In my judgment, the holding in the cited case rests upon sound public policy, and ought to be followed herein rather than overruled. In that case, as in this, a suit was begun by the plaintiff wife, which was later dismissed by h'er without the consent of her attorney. The attorney brought suit against the husband as upon an implied promise to pay for the services as necessaries, alleging in his petition that the wife had in fact a good ground of divorce, and urging a *1097right of recovery against…