Gammon v. Chandler
Supreme Judicial Court of Maine
1st. The record of the justice is not conclusive. Parol evidence should have been admitted to contradict it. Commonwealth v. Bullard, 9 Mass. 270; Bangs v. Snow, 1 Mass. 181. 2d. Presumption of law, in relation to matters of fact, may be repelled by oral testimony. Davenport v. Mason, 15 Mass. 85; Jackson v. Leggett,! Wend. 377: Jackson, ex dem., Genet v. Wood, 3 Wend. 27. 3d. At common law, an attorney has no lien for his costs.
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1st. The record of the justice is not conclusive. Parol evidence should have been admitted to contradict it. Commonwealth v. Bullard, 9 Mass. 270; Bangs v. Snow, 1 Mass. 181. 2d. Presumption of law, in relation to matters of fact, may be repelled by oral testimony. Davenport v. Mason, 15 Mass. 85; Jackson v. Leggett,! Wend. 377: Jackson, ex dem., Genet v. Wood, 3 Wend. 27. 3d. At common law, an attorney has no lien for his costs. Getchell v. Clark, 5 Mass. 309; Baker v. Cook, 11 Mass. 236. Nor does the statute of 1821, give any rights to the attorney, but merely prohibits the officer from…
1Opinion of the CourtTenney, J.
— This is a suit upon a judgment of a justice of the peace, upon an issue presented by the pleadings, in favor of the plaintiff, for the fees and disbursements of the attorney, by whose agency the judgment was obtained. The case comes before the Court on exceptions to the ruling of the Judge of the District Court, “ upon the facts agreed by the parties,” at the trial. The defence is, that no final judgment was obtained ; and parol evidence was introduced, showing that after the trial by the justice, and after a judgment was announced by him, an appeal was claimed and allowed, and…
2Cases cited1 opinion
- Baker v. CookMassachusetts Supreme Judicial Court · 1814
3Cited by2 opinions
- Crawford v. DunbarCalifornia Supreme Court · 1877
- Peterson v. StrubyIndiana Court of Appeals · 1900