Harwood v. Carter

*337By the Court,

Sanders, J.:

These cases were consolidated and tried as one case in the court below, and upon the calling of the cases for trial it was agreed in open court that the decision or judgment in either case should be conclusive and binding on the parties in the other. The two appeals involve *338the same subject-matter. They are briefed and submitted together so as to be considered in one opinion.

For present purposes the facts and the proceedings may be stated to be as follows:

On January 10, 1908, Mary E. Carter, then the wife of Sardis Summerfield, employed plaintiffs as her attorneys to…