Connor v. Ashley

Citations

• 41 S.C. 67
• 19 S.E. 201
• 1894 S.C. LEXIS 81

Syllabus

<p>1. Res Judicata — Counsel Fee — Action at Law. — Where an attorney prosecutes a suit in equity in behalf of minors, and recovers judgment for his clients, and a proper fee to the attorney is ascertained and adjudicated in that proceeding, and the master is directed to pay the same out of the sum paid to him on this judgment, such attorney cannot afterwards, without allegation of inability to obtain satisfaction of the equity decree, bring action at law on a quantum meruit, to recover a fee from his former clients for the services so rendered.</p> <p>2. Appeal Record — Facts.-—-Facts not appearing in the “Case,” but only in the argument of counsel, cannot be considered on appeal.</p> <p>3. Case Criticised. — This case distinguished from Akers v. Rowan, 36 S. C., 81.</p>