Des Moines Insurance v. Briley
Supreme Court of Iowa
Appeal from PolTc District Colort. — Hon. Marcus Kavanagh, Jr., Judge. George A. Smith was attorney for plaintiff in its suit against Briley, in which an attorney’s fee was entered for $2.05. Briley was insolvent, and the judgment is unpaid.
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Appeal from PolTc District Colort. — Hon. Marcus Kavanagh, Jr., Judge. George A. Smith was attorney for plaintiff in its suit against Briley, in which an attorney’s fee was entered for $2.05. Briley was insolvent, and the judgment is unpaid. Smith filed his motion to have the fee taxed against plaintiff, which motion was resisted by plaintiff, on the ground that the services as attorney were rendered while Smith was in the employ of plaintiff on a stated salary, which employment included the services rendered in the suit. These are the essential facts, as we understand them. They are not thus…
1Opinion of the CourtGranger, J.
'ttanE$íoó: cei i oa . The facts above stated are gathered from the certificate of the trial judge, made to present to this court a question of law for its determination. If the facts are as above stated, toey ought to involve no doubtful question of law. The concluding statement of fact above is not found, in terms, by the district court, but it is our inference from other statements of fact found by it; and from the fact that the court has attached to his certificate an exhibit, and referred us to it, — being the testimony in the case, — we understand that it is expected that we will look…
2Cases cited3 opinions
- McLenon v. Kansas City, St. Joseph & Council Bluffs R'y Co.Supreme Court of Iowa · 1886
- Bennett v. ParkerSupreme Court of Iowa · 1885
- Winelander & Co. v. JonesSupreme Court of Iowa · 1889