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THE ATLANTA WEEKLY SUN, FOB THE WEEK ENDING SEPTEMBER 4, 1872
THE ATLANTA
‘•'ttr. Step!*** 1 **
This is tho heading of an article in the
Constitution of the 25th instant, in which
oar neighbor attempts a rejoinder to our
replies to his assaults upon our Demo
cracy because of oar refusal to support
Mr. Greeley,
decide great political measures,” should
feel affronted at having forced upon
them the endorsement, as their canidate,
of one of the leading authors of the most
mischievous political measures in the an
nals of this or any other country? Does
it seem “queer” to our neighbor that
men who hold these measures in detesta
tion should be indignant at such conduct
The whole of this article we intend to towards them?
give to our readers with our comments | Was it not a
on each clause in its regular order.
Our neighbor commences by saying:
‘needless affront?” Was
there any necessity for it ? Did we or
the “Straights” ask anything more than
that Democratic Electors should be
The Sen of yesterday has throo editoria articles
^ilS!II^K!!XSJ^«W?fiS|choeebiil the State, clothed with power
*5]*° ° f th0 State "? thc 3’
contain nothing now, however. might, in their wisdom and patriotism,
Nothing new ? Why nut let yonr read- \, es fc a fc the time of the meeting of
ers judge of that? Want of space, was it? Colleges?
How many columns did you have space -\ykat “good of the country” could have
for when you published Gen. Gordon s jj een aimed at by this attempt to forestall
speech for Greeley ? It seems you have p U jj]j c sentiment, and through a resort
space enough for such matter a3 suits to the “gag,”committheStateofGeor-
your purpose to let your readers see, but gj a ^ tH© car of Greeleyism, even be
very little or none for such as exposes f ore there was any reliable evidence of
he weakness of your po->itiou, especially probability of his election as
on those points that can not be defended, j««clioice of evils.
We care but little for the “ affront,”
whether it was intended or not. We say
| to onr neighbor, that while we are “gen-
1o that part of our neighbor’s articles which
speaks of our “race.” "irrelevant stuff,” etc., wo
have no roply. If It pleases him wo have no objec
tion.
Ko rcplv i Tins is, pc-haps, upon the
principle of the maxim that “the least erous enough to forgive,” we are much
said is soonest mended. ” inclined to look upon it in pity and
When we aksed with what face our commiseration; but we will not support
neighbor charged us and the “straight- Mr. Greeley under that nomination or
out Democrats” with being “ bolters” any other, so long as he holds and pro-
fromthe Democratic Party, for refusing claims to tho country the principles he
to accept the Baltimore nominees, while does.
. ... „■ pi. There can be no doubt as to his ad-
lie refused to accept tlie Baltimore Jrlat- ..... • . * U1 t> j- i
j t ministration being thoronghly Badical
if he succeeds by Democratic votes in
He has re
the tjrannicai measures forced upon the
South without representation. Thus we
fail in this, even if Greeley be elected.
Say he holds the chair one term, are we
then nearer success? Not at all, for we
will be disorganized, without a leading
principle to call our own. Then we will
nave to search for some of our dead is
sues and brush the dust from their sarco
phagi, and claim them as new-born em
blems for a new campaign.
But suppose the Grant party is de
feated in this race, will it die? N>*t at
all; it will live on dead issues and be a
monster in 1876. But suppose we nom
inate a man and unitedly stand to his
colors, and by so doing suffer defeat,
will it be a loss? Not at all, for we will
be veterans in another field—in the field
of 1876, which they cannot usurp nor
drive away. Men and parties often
change, but principles, never. If the
phase of Radicalism in the habiliment
and disguise of New Departure had nev
er crept into onr ranks, the jargons now
before us would never have been. Be
ware of tricking, trusted leaders.
I will assist no Grecian horse into our
camps laden with direful enemies, vile
principles, but fight on till victory ap
pears in the far off future. Then, with
our gallant chosen of the few tried and
true, we will assail the citadel of corrup
tion and carry it by force. My advice to
Democrats is stand to the principles of
your fathers, lest the new ones in view
have more ills than we can bear.
Yours, Georgia.
form of principles—he has no reply !
as ™ supposed, that he has no of powcr
face to reply or oiler any defense for such | . f , . . ^ .
a glaring inconsistency.
The “straight-outs,” “bolters,
deed 1 Are not all who profess to be
.Democrats in Georgia as much “bolters
tfrom the principles announced by the
cently declared at Portland, Maine, that
he stands npon the Cincinnati Platform,
and will recognize as Party allies and
friends only those wno accept and adopt
those principles. This is the substance of
... /, ...J his remarks there, made on that point. Is
‘“constituted authorities so-called,of the . . . f ..
party at Baltimore., we, orthe ".taught. “T*“I m^afareneebetween the
out." .re! Is “bolting,” .o-caUed, an pnnotples of this PI. form and that on
. . ... , . n *\yy\ m which General Grant is running?
•exclusive privilege granted to some and . ,,
, ..... « have put this question to our neighbor,
_ , . ... .. • • and it is one to which he has not yet had
tOn our showing that the opinions of | ±t _ t ^ •>
and “ advocates
“scriveners
nothing but “irrelevant stuff,” when
the'words of the “ will,” or “ deed,
• «*Teoord ” of parties were under consid
•» euatlon, we have lo this, also, “ no re-
r-jily l ”—simply because we suppose none
'Conld be made.
But the Constitution goes on:
•Onr neighbor owns that the platforms of the Dem
ocratic party and tho “straights ” in Georgia are the
same in principle, differing only as to candidate.
Principle, therefore being preserved, and “ princi
ples, not men, being the Democratic doctrine, the
controversy might well be dropped here,
All in Georgia who profess to be Demo
the face to reply.
We now ask our neighbor another
question: Was Mr. Sumner, Mr. Gree
ley’s chief supporter in New England,
right or wrong When he recently said, in
speaking of Mr. Greeley’s Democratic
supporters: “They may continue Demo
crats IN NAME, BUT THEY ARE IN REALITY
Republicans.”
How is it with our neighbor and the
Party of which he is the recognized
official organ ? Are they “continuing
Democrats in name” while “they are in
crats do, indeed, claim to stand upon the rea lity Republicans?” that is, Radicals?
Platform of the “Straights.” This
not only “own,” but 'joyously proclaim.
The “Straights” differ with tbeGreeloy-
ites only as to their candidate.
“Principles, not men,” is, too, a time-
honored doctrine of
Jterty. He, however.
We, and many of the “Straights,” have
for some time, been of the opinion that
this is where they will ultimately land if
they persist in their present course,
whether they are really so now or not.
So much for the article of onr neigh-
the Democratic bor referred to to-day. We have gone
must be worse through with only about half of it, and
than a “fogy” who seriously entertains wiI1 P as3 Vomits further consideration
the idea that this (one oi the wisest ef | for A H. S.
political maxims) has anything iu its
teaohing which leads to the conclusion
that “sound principles” are ever to be i Dalton, Ga., June, 1872.
committed to tho hands of “unsound “Homines non principes” is the cry
men.” It teaches that principles should now of the faction that is trying to get
From the New York Democrat.
From Dalton, Ga.
be the first great object, overriding all ““““T ° f thl ' B Government;whother
.. .. , , . . . to retain that control which has already
considerations founded barely upon ca- been ach i eT ed, or to grasp at that in
-paoity, competency, or general qualifica- which they have been deceived, is quite
tions for the discharge of the duties of different, in that two wings of the fac-
« office. tion are striving and not so mnch divided
_ ’ . . . , • ■ ,, as to the controlling principle. It seems
To maintain sound principles, the man ^at rule or ruin has marked every cam-
io whom they are committed must also I paigu these latter years. And truly did
be sound. The maxim has no such ab- Alex. Hamilton mark the course of the
surdity about it, as that sound principles American revolutionists when ho said
J . ' . ..j. “Tne more I see, the more I find reason
can ever bo safe in unsound hands, how- j or those who love this country to weep
ever able and capable in other respects over its blindness.”
• may be the candidate. If the same spirit of rule or ruin was
According to our neighbor’s construe- “ ot acts of Horace
... ° .. ° _ _ Greeley, I could then advocate his cause
tion of the maxim, if the June Conyen- in t j ie H b S ence of a Democratic nominee
tion in Atlanta had adopted the princi-1 for the Presidency. He has been alife-
ples they did, and had recommended long, energetic soldier in battling for rule
Bullock, the “Straights” would have been or rain; every act advocated in the col-
. - , ... .• umns of the imoMJie for the past decade
bound by this “Democratic doctrine to has boen to ^ bitter end . Greeley
“swallow the bitter pill.” ‘‘Principles Las been active in all the measures which
and not men” is the watchword. have a tendency to the final overthrow of
Our neighbor must excuse ns for say- American liberty and the establishment
ing that and the “Staigita," ui oil °^‘ a =“ lrali!!i “* ,nrm in its
“intelligent- readers, can look upon such I The language has been too recent from
' logic as hardly rising to the dignity of the philosopher's lips to have been soon
ingenious “stuff.” forgotten. Tte chidings of the old
Would he have felt bound to swallow fH . rmor /. et rin * in - th ® ea ”those upon
“ . . .... . whom bis oppressive lash did fall,
the “bitter pill of Bullock, if that mix- The deep gashes of these bleeding
tore of Radical gall had been presented? wounds, caused in the main by the fa-
Has he the lace to answer this question? natical wrangling of the old war horse,
' The truth is, our neighbor, who claims I Jjg^*** Ceased toflowin &****
to be the official organ of the Greeley ites y ou ma y aa as^ the Roman youth
of Georgia, is struggling in » bog, and to forget Cannae, ana the Spartan spirit
any effort at extrication only plunges die while dreaming of old Thermopy-
him in deener ' I Ise, as to ask a true-born son of chivalry
. , - '. . to forget the “Onto Richmond,” and
^io doctrine is mo r e en’oncous or mis- - - * - — —
chievous in politics or morals than that
which inculcates the principle that the
\
members of any party or sect, are in duty
bound to obey the dictates of those who
assume to speak to them upon matters
on which they have no proper authority
to act; and no Convention calling itself
Democratic ever yet assembled, clothed
with rigntfnl power to commit the Dem
ocratic masses of this country, in Geor
gia, or any State, to tne support of eith-
• er Radical principles or Radical candi
dates.
He, how* - jt, thus proceeds in his re
ply to os t - -.ecdlese t trout” of the
Straights :n the June Convention forcing
the nomination of this Radical chief
upon the Democracy of the State:
a. Mr. St- I'hens says Greeley's nomination was a
“needles affront” to the “utraighte.” This isa Tery
decide great political mo uures. As
j jotnrtry, however, was the aim of
, 3sra*roatou friends win begener-
forgive.
'• it-nmy seem to onrneign-
\ jjow is it “queer’* to
‘ K ., b ' , ed on “to
TheA^neer tn nig
ernat-
In VerniU.ki.y'^ ot .
the first Wednfcsiner.
Mr. Greeley’s ernsade npon the nnoffend-
ing Sonth in the raid of old John
Brown. The advocates of Mr. Greeley
say these are dead issues', let ns look to
the living ones. When did the heroes
of Spartan fame go down ? When did
the old Grecian spirit die ? When did
the old issues ot Mr. Greeley perish ?—
Where are they buried now? As the
living must exist, on tho dead past in the
things of nature, so in ethics. Mr.
Greeley’s friends may pamper him upon
diad issues, but I do not wish to live on
the deaa things oi a dying man. Give
me principle with living issues and I will
give you fruit that will never die. I am
for maintaining right against wrong,
though numerically small, victory is not
always perched upon the banner of the
strong. Sometimes the few are the most
powertnl. A good cause makes a stout
heart and a strong arm. We are Belling
out too oheap to Mr. Greeley and the
Radical party. I sa> we, for I see no
other course the majontv of the Balti
more Convention will pursue than ac
quiesce in the Cincinnati m ivemeut.
In this what do wo gaiu? A. few years
reigu of tree principles? Not at all, for
Greeley has never yet ?»id be would, if
elected, repeal any of his “dead issue*."
Acts Passed by tlie Legislature.
Below we give a list of the acts of Legis
lature passed at its recent session, which
have been approved by the Governor:
ACTS PASSED AUGUST 22d.
57. To legalize and make valid the
terms of the Superior Court heretofore
held in the county of Rabun.
58. To amend the charter of the city
of Atlanta.
59. For the registration of the voters
of Thoma8ville. . ••
60. To revive an act to organize a
Criminal Court for each county so far as
relates to Chattooga and Quitman coun
ties; and to legalize certain proceedings
thereunder.
61. To amend an act to incorporate
Quitman, and the several acts amendato
ry thereof.
62. To incorporate Dawson, and to
define its corporate limits.
63. To allow the Ordinances of Clayton
and Miller counties to farm out prisoners
convicted of misdemeanors to other coun
ties having a chain-gang.
64. To repeal an act entitled an act
to require the corporate authorities of
Dawsoq, to appoint as many inspectors
and measurers of timber and lumber as
may make application for said appoint
ment upon giving the usnal bond.
65. To amend section 1601 of the Code
so far as the same relates to the ditching
and draining of lands and the arbitration
and award therein provided for, and to
make such section so amended of force in
Milton and Habersham counties.
66. To prohibit the sale of spirituous
liquors within one mile of St-ilesboro
Institute.
67. To authorize theMayoy and Aider-
men of Talbotton to subscribe to the
capital stock of the Talbotton Branch
Railroad Company.
68. To amend an act incorporating
Rome.
69. To amend an act to incorporate
Thomas ton.
70. To amend an act to exempt fire
men from jury duty so far as the same
concerns Macon.
71. To incorporate the Etna Iron Man
ufacturing Company.
72. To prescribe the mode of conduct
ing suits before Justices of the Peace and
Notaries Public.
73. To amend an act to incorporate
the Darien Banking Company.
74. To allow James Dollison, of Ber
rien county, to peddle without license,
PASSED AUGUST 23,
75. To provide for the investment of
certain school funds belonging to Bryan
county.
76. To amend an act to incorporate
the Georgia Western Railroad, and to
confer certain powers and privileges.
77. To make Insurance Companies lia
ble for damages in certain cases.
78. To amend an act incorporating the
Ocmulgee River Railroad Company.
79. For the relief of John F. Conley,
of Catoosa county.
80. To amend the charter of Albany
relative to market regulations.
81. To amend an act incorporating
Van Wert.
82. To authorize the Ordinary
Butts county to issue bonds to build
Court House.
83. To change the line between Bald
win and Wilkiuson counties, adding
portion of Wilkinson to Baldwin.
84. To appropriate money for the use
of the Ladies’ Memorial Association of
Atlanta, Marietta, Jonesboro, Resaca and
Cassville.
85. To incorporate Gainesville, Jeffer
son and Southern Railroad Company,
86. To amend an act incorporating
Trenton.
87. To change the line between Camp
bell and Coweta counties.
88. To amend an act incorporating
Calhonn.
89. To incorporate the Steam Road
Wagon Company.
90. To amend an act to incorporate
Warrenton.
91. To amendment the garnishment
laws.
92. To incorporate the Talbotton
Branch Railroad Company.
93. To incorporate the Mntnal Insu
rance Company of Georgia.
94. To authorize the Ordinary of Cal
houn county to issue bonds.
95. To give to Moses M. Belisario and
others of Chatham county, tne right to
plant oysters in Warsaw river.
96. To amend an act creating a Board
of Commissioners for Liberty county.
97. To change the line between Chat
tahoochee and Marion conn ties.
98. To legalize certain bonds of the
city of Rome.
99. To relieve S. A. Diekey, Tax Col
lector of liioin&s county.
100. To change tne line between Irwin
and Wilcox counties.
101. To change the line between Clay
and Calhoun counties.
102. To change the line between Mon
roe and Pike counties.
103. To exempt Road Commissioners
of Troup county from jury duty.
104. To promote the propagation of
shad in the Altimaha river.
105. To regulate public instruction in
Richmond couuty.
106 To incorporate Athens Gm Light
Company.
107. To incorporate Smyrna.
108— To perfect the public school sys
tem, and to supercede the existing school
law.
109— To amend the charter of Louis
ville.
110— To amend an act incorporating
Fort Yalley Female College; also to in
corporate Charlton Chapel; also to incor
porate Trustees of Hepzibah High School
of Richmond county.
111— To authorize Henry Q. Wilkiu
son to erect?a dam across Chattahoochee
river.
112— To_amend section 4758 of Code
by limiting right of Savannah to issue
bonds.
113— To consolidate the office of Tax
Collectors in Jones and Jasper counties,
and Tax Collector and Clerk of Superior
Court of Jasper county.
114— To amend an act incorporating
the Augusta and Louisville Railroad Co.
115— To allow the legal voters of Ef
fingham county to vote on the removal of
the court house from Springfield to Guy
ton.
116. To require the duties of tax col
lector and tax receiver to be performed
by different persons.
117. To rrquire the tax collectors of
Charlton, Camden and Bullock comities
to receive jury certificates for county tax.
118. To incorporate town of Wooten.
119. To change the line between Co
lumbia ana McDuffiie counties.
120. To repeal certain acts in reference
to Georgia State Lottery.
121. To incorporate the Atlantic &
Memphis Telegraph Company.
122. To amend an act amending road
laws, so far as relate to Bibb and Hous
ton counties, etc.
123. To amend an act creating a board
ot commissioners for Screven county.
124. To authorize Ordinary of Twiggs,
county to collect an extra tax to pay tax
collector for 1871, for extra services.
125. To establish a permanent Board
of Education for Bibb county.
126. To compensate the jurors of Pike
county.
127. To create a Board of Commis
sioners for Webster county.
128. To amend the road laws of Milton
county.
129. To incorporate Graysville and to
extend corporate limits of Hartwell.
130. To incorporate Woodbury, and to
extend the provisions of the act to Lu
thersvilla.
131. To incorporate the Georgia Re
liable Insurance Company of Atlanta.
132. To amend an act incorporating
Ringgold.
133. To prohibit catching fish in seines
in parts of Chatham county.
134. To authorize administrators and
executors and other trustees to sell city
and town property on the premises in
certain cases.
135. To amend the charter of Greens
boro.
136. To amend section 4146 of Code.
137. To amend Road laws in Lumpkin
White and Dawson counties.
138. To amend an act authorizing all
pleas and defences to be Bwom before
certain officers of the State or counties ;
&o.
139. To give Mayor and Aldermen of
Savannah the right to fix the fees for
dieting prisoners in the jail of Chatham
county. '
140 To change the line between Clinch
and Cofiee counties.
141. To dispense with forthcoming
bonds in certain cases.
142. To enable Davenport Jackson to
hold office of Solicitor General.
143. To repeal an act to authorize Or
dinaries to issue writs of Habeas Corpus
so far as relates to McIntosh county.
144. To authorize the authorities of
Hawkinsville to take stock in the Haw-
kinsville & Gulf, and the Atlantic, Fort
Yalley & Memphis Railroad Companies.
145. To grant to the corporation of
Savannah the control and management
of the wharves of said city.
146. To require Ordinary of Chatham
county to provide room and offices for
holding City Court.
147. To extend the law of conspiracy.
148. To incorporate the Dalton and
S. Railroad Company.
149. To authorize Ordinary of Talbot
county to prevent tne erection of gates
across public roads.
150. To regulate the mode of deciding
'cases in the Supreme Court.
151. To amend an act to encourage
Telegraph communication between Geor
gia and the West India^Islands.
152. To define the powers of Ordina
ries in relation to granting writs of ha
beas corpus.
153. To authorize the President and
Vice-President of the Union Society of
Savannah to issue bonds, &o.
154. To change the time of holding
court on Southern Circuit.
155. To amend an act to incorporate
the Savannah Poor House and Hospital.
156. To amend section 675 of Code.
157. To incorporate Clinton, Jones
county.
158. To amend an act to create Board
of Commissioners for Liberty county.
159. To amend the Charter of the La
nier House Company.
160. To provide a Board of Commis
sioners for Marion county.
161. To change the time of holding
Superior Court of Rockdale county.
162. To exempt from road duty m
Calhonn county only such ministers of
the gospel as are regular pastors of
churches.
163. To declare void certain gold bonds
issued under act of September 15, 1870,
164. To render the Judge of the At-
lmta Circuit and of the City Court of
Atlanta competent to preside in certain
cases, and to render the citizens of At
lanta competent jurors in certain cases.
165. To amend section 4348 of Code.
166. To repeal an act to create a coun
ty court, so far as Bame is applicable to
Batts county.
167. To regnlate the pay of jurors in
Gwinnett county.
168. To create a board of commission
ers for Fayette county.
169. To incorporate Bear Creek under
the name of Hampton.
170. To authorize board of commis
sioners of Glynn county to issue bonds.
171. To amfcid an act incorporating
the Commercial Bank of Albany.
172. To prohibit the buying and sell
ing of farm products between sunset and
sunrise in certain counties.
173. To submit the question of remo
val of the eourc house of Appling coun
ty to the voters thereof.
174. To iucarporate the Macon, Vien
na <fc Warwick Railroad Company.
.75. To confer additional powers on
tlm authorities of Lincolnton.
176. To amend an act to carry into ef
fect 2 t cianse oi 13:u section, 5-u arti
cle Constitution.
177. To incorporate the Barnard and
Anson Street Railroad Company of
Savannah.
178. To relieve the securities of W. G.
Scruggs, of Warren county. J
179. To vest the title of Market Square
in Valdosta, in the Mayor and Council of
said town.
180. To incorporate the Mobile and
Atlanta Mining Company.
181. To amend section 4786, and
88 of Code, so far as relate to Savan
nah.
182. To organize Criminal Court of
Troup couuty.
183. To authorize the county treasurer
of Coweta county to pay §500 to Hugh
Buchanan, and other attorneys.
184. To consolidate offices of Clerk
and Treasurer of McDuffie county.
185. To incorporate the charter of
Eatontou.
186. To incorporate the town of Jeffer
son.
“where no special contract is made th«
attorney may recover for the
actuallo rendered.” 8er vices
In this case there -was no special con
tract for the collection of the fi r
When it tv as placed in the attorned
hands for collection, he was l eca n!
bound to exercise all his professional®
and knowledge to produce that resulww
was the object for which he
ployed, and if he had failed to ‘
From the Constitution.
HK.\u NOTSa OF THE DECISIONS OF
THE SUPREME COURT OF GEORGIA.
Delivered in. Atlanta Tuesday, Aug. 20,’72
As-
W. B. Parker vs. Samuel D. Irwin.
sumosit. from Bibb.
MONTGOMERY, J.
1. To avail hismself of the statute of
liinitaticils the defendant must plead it.
2. Tti- ro being evidence to sustain the
verdict in this case,a new trial will not be
granted on the ground that the evidence
is contrary to evidence. Judgment
affirmed.
L. E. Bleckley, for plaintiff in error; B.
& W. B. Hill, for defendant.
McGay. J., concurred, but furnished
no written opinion.
WARNER, O. J., dissenting.
This .was an action brought by the
plaintiff, as an attorney at law^ against
the defendants to recover an account of
§600 00 for professional s* rvieps alleged
to have been rendered the defendant in
collecting an insolvent olaim on one
Scott for §1,800. On the trial the jury
foundii verdict for the. Dlaintiff for the
sum of two hundred and fi'ty dollars
would have been derelict in the chs S0 ’
of Ills professional duty. In the absent
of. any special contract to the coutrarv
Parker, the client, had the clear
with interest from the commencement of
suif, exclusive of the one hundred dollars
which the plaintiff had previously re
ceived from the defendant, making the
sum of §350 00 for the services rendered
in the case. The defendant moved for a
new trial on the ground that the verdict
was contrary to’iuw, and the evidence,
andbrcalise the plaintiff’s iwcount was
barred by theetatute of limitations which
motion was overruled by the Court, and
the defendant excepted.
It appears from the evidence of the
plaintiff that the defendant placed in
his nands an execution in his favor,
against Scott, ldr about the sum of
§1,800 for collection, in the mouth of
June, I860;' that he learned from sources
of information accessible only to himself,
that Scott had a contract with the South
western Railroad to out stringers, by
which he was realizing a large snm per
month, and that by gamisheeing the
railroad company, he could enforce the
collection of the fi. fa.; that he sned out
a summons of garnishment against the
railroad company in terms of the law,
bttt which does not appear to have been
served upon the railroad company.
There is no positive evidence in the
record that the plaintiff notified Scott
that he had sued oat the summons of
garnishment, but it isa fair presumption,
from the facts disclosed therein, that he
did so notify him. Scott promised the
plaintiff, as the attorney of Parker, to
settle Ms claim in three payments—two
of §600,000, and one for §557. On the
25th October, 1866, the plaintiff collected
from Scott §600, §500 of whioh was paid
over to defendant, plaintiff retaining
§100 in his hands.
In December thereafter, Parker, the
plaintiff in fi. fa. wrote to Mr. Irwin that
he had met with Scott, and negotiated a
settlement with him for the balance due
on the fi. fa., Scott giving him Ms two
drafts on the Southwestern Railroad
Company, payable 25th January, and
25th February next thereafter, and in
strncted Mr. Irwin, as his attorney, to
suspend all farther proceedings in the
matter, unless advised differently hereaf
ter. After the receipt of tMs letter, Mr.
Irwin, on the 22d December, 1866, wrote
to the defendant, Parker, “that he had a
right to do with his own as he pleased,
and of coarse what suits you suits me.
If you ever realize on these drafts, I shall
congratulate you. As you have taken
the case out of my hands after I had it
secured, I shall expect compensation, of
course, proportioned to the services ren
dered.” There is no evidenoe in the re
cord that the plaintiff secured any part
of the debt whioh remained due after
the collection of the §600, but on the
contrary, the evidence is that Parker se
cured it.
The plaintiff introduced as witnesses
W. Poe, Esq., J. M. Nisbet, Esq., Rick
ard K. Hines, Esq., Rickard Hobbs, Esq.
W. E. Smith, Esq., attorneys at law. Mr.
Poe testified that, under the circumstan
ces, he wonld consider §300 a reasonable
fee for securing the claim. Mr. Nisbet
testified that, under the circumstances,
he wonld consider 20 per cent, a reasona
ble fee ; that in cases of great difficulty,
when fcue defendant was insolvent, it was
customary to charge a Mgher per cent.
The testimony of the other witnesses is
substantially tjie same, as to the value of
the services under the circumstances—
that is to say, the securing and oollection
of the full amount of the debt for the
benfit of the plaintiff by the attorney,
OQ t of an insolvent debtor. The plain
tiff in this case seeks to recover from the
defendant for professional services ac
tually rendered in the collection of an
ip solvent claim, and there being no s> o-
ciiil contract, he can recover nothing
more. (Code 441.)
The fundamental error on the trial is
the assumption that an attorney at law
is entitled to recover from his client for
his professional services in proportion
as his client has been benefiltted by bis
services, instead of what the services ac
tually rendered were worth, especially
when the evidence shows that only on u -
third of the debt was collected by the \
plaintiff. The rrooev due on the fi. fa. j
w*s the property oi Zof. id-
ant, and his attorney, who was employed
by iiim to collect it, had no legal right or
claim to it. The attorney was entitled
to be paid for the services actually ren
dered is client, whether the money du
on the fi. fa. had been collected or not.
An attorney is entitled to recover from
uia client (in the absenoe of any special
contract) for the professional services
actually rendered, whether the client is
! snece*is f nl in his suit or not. The sec-
i non ol ;he Code before cited declare■>
right to control his own debt, and to S
made the settlement with Scott, if i n uj
judgment it was for his interest to do J?.
and Mr. Irwin, in his letter of the 22d
December,^ clearly recognized that right
What services wero actually rendered hv
Mr. Irwin in this case ? He sued out a
summons of garnishment against the
Southwestern Railroad Company Tvhich
was never served, obtained Scott’s prom
ise to pay Parker’s debt in three install!
ments, one of which only he collected, to
wit: S600, and paid the same to Parker
less §100, which he retained, wrote seve
ral letters to Parker about the claim, and
that is all, so far as the record discloses
There is no evidence in the record
wliat those services actmlly rendered
were worth. The attorneys who testi
fied in the case stated, that under the cir
cumstances they would consider $300 00
or twenty percent, a reasonable fee.—
What were tho circumstances: on whioh
th-*y founded their opinions? The main
circumstances appear to have been, that
Scott was insolvent, and Parker got his
mouey, two-thirds of which hs collected
himself, under the arrangement he made
with Scott, for its payment. Thi- v s ti-
mony does not prove what tlie services
actually rendered by the plantin' were
worth, as the law requires. The opinion
of the attorneys who testified ip the case
was evidently based on the assumption,
that the plaintiff secured and collected
the ■whole debt, whereas, the evidence in
the record clearly shows, that he only
secured and collected one-third part oi
it. Parker himself having secured and
collected the otner two-thirds.
If Mr. Irwiu had made' a special con
tract with Parker to collect the fi. fa. for
twenty per cent, on the amount, or for
any other specific sum, and Parker had
interfered and settled the same with
Scott, without his knowledge and con
sent-, then, Mr. Irwin, as his attorney,
cbuld have required him to pay tne
amount he agreed to pay, in other words,
Parker qould not defeat his right under
his special contract, by a settlement oi
the claim, but ther$ was uo special con
tract, and the plaintiff can only recover
bylaw, for the sei vices actually r-ndered.
In my judgment the veidicl; rendered by
the jury i,u this ease is con*Tary , bbxh to
the lAw and t he evidence. Und er the law,
the plaintiff was only entitled to recover
for the services actually rendered, and
the evidence does not show what the ser
vices actually rendered in tho case by the
plaintiff were worth.
The law has wisely declared the rule
in all cases where no special conti'acti*
made between attorney and client, and
the Courts should entorce it. Tho ob
ject of the law was to prevent the intro
duction of just such hypothetical and
speculative testimony, in relation to at
torney’s fees, as was introduced on the
trial of this case, and to confine the in
vestigation to the services actually ren
dered by the attorney. The statute oi
limitations was not plead in the Court
below, and, therefore, could not properly
be considered by the Court. In view oi
the facts contained in the record and of
the law applicable thereto, I am of the
opinion that the judgment of the Court
below should be reversed and a new trial
granted.
H
✓
r
South western Railroad Company vs.^m.
W. Chapman, gnardian. Complaint
from Bibb.
MONTGOMERY, J.
A defendant in a suit at common law
cannot, by plea, set up an equitable de
fense and obtain a decree in his favor
where a Court of Chancery would refuse
it, on a bill filed by him for the purpose,
for want of proper parties. Hence, if a
guardian sue a corporation for dividends
.belonging to his ward, the company can
not, by an equitable plea, avail them
selves as a defense of the fact that they
paid the dividends to one not authorized
to receive them, and that the money was
applied to the support oi the ward by
the person receceiving that person
not being a party to the suit. Judgment
affirmed.
W. K. deGraffenried, Lyon & Irwin,
for plaintiff in error; Poe, Hall &
for defendant.
WARNER, 0. J., concurring.
The 1794th section ox tne Code de
clares that the natural guardian canno:
demand or receive the property of the
child, until a guardian’s bond is filed
and accepted by the Court of Ordinary
of tue county, and this applies as welty
the income of the property as to the
corpus thereof. It is the declared pub
lic policy of the Btate for the protection
of the rights of minor children, and is
as imperative and binding in courts oi
equity as in courts of law. Equity fob
lows the law in suah cases, and canno*
override and control it; that is to say,»
court of equity is as much bound Dy tho
provisions of a statute as a courtpf la*-
Flaying ’Possum.
A handsome, -wrechless, dashing, wicked
girl was discovered oh the streets yesterday, -
mg in nse of the most boisterous and P ro j? ne !j er .
guage, and indulging In every species of diiow j
She was immediately arrested for drunkenne* 3 *",
disorderly conduct. The Police were about to ‘
her’to the Station House, when she appear#*
drank to walk.
A drayman was forthwith called, and tbe
lonuwiiu uBiivUi ttia-A t**
girt deposited on the vehicle, with
to behave herself. She appeared to bo -'Jew-ar¥^ s
lying apparently unconscious on the dray unm
arrived in front of the Station House door, yvLj.,
sa.idenly sprang up erect as a professional ^
leaped defiantly from the dray, imperatively
the attendants to show her her room, and w -
into the iron-grated ceU with the air of » )*•
princess entering her bridal chamber. itwfll
Thero is more devil than whisky in ^* er L- c 0 nori
require the most unremitting efforts of His •**
rt or order Mitchell, to pump it out.
a
Wilmington, N. O., ."lie
right R9v. Jus. Gibbons, Vicar AP 03 , m
oi North Owolina, received to-day a
Fop* Pius lX, at Rome, tne ere*
-iim Bishop of Richmond, Va.
He r0 '
tains jurisdiction over North Carotins-
h,.m in Baltin 10 ^
Bishop Gibbous was born m
tu 1834. He was oonsecrated
.apostolic of North Carolina Aug* 131
1368.
yictf
16th,
storm
1H
Jacksonville, Ills., August -J-— A fen*
night prostrated some buildings, and flatten-
ces and crops.
The Dexter Park races, "at Chicago,
haf«
beM*
postponed on account of tho uns
utlod w**ti* M