City of Holly Springs v. Manning & Watson

Citations

• 55 Miss. 380

Syllabus

<p>Contract. Attorneys ’ engagement, when to cease. Case in ¡judgment.</p> <p>M. & W., attorneys, were employed by the city of Holly Springs to defend a certain suit, brought in the United States Court for the Northern District of Mississippi, on some bonds issued by said city in aid of the Memphis, Holly Springs, Okalona & Selma Railroad, and to continue their services in defense of said suit in the Supreme Court of the United States, at Washington, should the same become necessary. The city paid M. & W. $1,000 in cash, and agreed to pay their necessary expenses on the trip to Washington, if it became necessary for them to go there to defend the suit, and agreed, further, “when the litigation aforesaid shall have been brought to a close, to pay the said M. & W. such further sum for their said services in defending said suit as may be fair, reasonable, and just, under all the circumstances.” After the suit referred to had been decided in the United States Circuit Court in favor of the city, but before the time for suing out a writ of error had expired, M. & W. brought an action on this contract for the balance of their fee. Held, that this action was prematurely commenced.</p> <p>2. Sam®. Attorneys ’ fees, how determined.</p> <p>Where attorneys are employed to defend a suit, upon the agreement of the defendant to pay them, when the litigation shall have been brought to a close, “such sum for the said services in defending said suit as may be fair, reasonable, and just, under all the circumstances,” the sum to be paid is determinable by the importance of the contest, the labor and responsibility of counsel, and every ciroumstanee attending the cause which, according to established usage, seems to guide to a conclusion as to what is a proper professional charge in such a state of circumstances.</p>