Simmons v. Murray

I respectfully dissent from the majority opinion.

Section 7-107, R. R. S. 1943, provides in part: “An attorney or counselor has power: * * * (2) to bind his client by his agreement in respect to any proceeding within the scope of his proper duties and powers; but no evidence of any such agreement is receivable except the statement of the attorney himself, his written agreement signed and filed with the clerk, or an entry thereof upon the records of the court; * * It will be noted that a client is bound only when an in-court stipulation is entered into, the agreement is in writing, or the…