Whittaker v. Clarke

The plaintiffs in error were defendants in the district court to the action of C. H. Hawthorne. The defendant in error was Hawthorne’s attorney, and- brought the suit in the district court to recover on a promissory note given by the plaintiffs in error to one Childers, and by Childers endorsed to Hawthorne. Pending the action in the 'district court, the plaintiffs in error paid Hawthorne the' full amount of their indebtedness, and bringing their receipts into court pleaded accord and satisfaction; whereupon Clark filed what he called a plea of intervention, demanding judgment for the amount…