Anderson v. W. G. Rawley Co.

Citations

• 27 Haw. 60
• 1923 Haw. LEXIS 7

Syllabus

<p>Attorney and Client — retainer and authority — incidents of relation — • scope of authority.</p> <p>Where a firm of attorneys is retained generally to represent the applicant upon an application made for a building permit pursuant to and as required by the provisions of Ordinance No. 175 of the ordinances of the City and County of Honolulu, to which a protest has been filed, and to secure the permit therein prayed, its employment includes the implied power to take any and all steps usually and reasonably necessary to secure the desired permit and when secured to oppose any steps that might' be taken within a reasonable time after its issuance to revoke it or nullify the privileges granted under it.</p> <p>Judge — disqualification to act “in any case in which he has been of counsel.”</p> <p>And where the protestor within a reasonable time after the Issuance of the building permit institutes injunction proceedings to prevent the exercise of the privileges granted under it upon the same grounds urged by her in support of her protest to the application such injunction proceeding is but a part and a continuation of the original employment and within the meaning of section 84 of the Organic Act is the “same case” in which the attorneys were originally “of counsel,” and a member of said firm who prior to the institution of such injunction proceeding became a justice of this court is disqualified to sit upon any hearing involving the merits of said cause.</p>