Garinger v. Palmer

Citations

• 126 F. 906
• 14 Ohio F. Dec. 229
• 1904 U.S. App. LEXIS 3774

Syllabus

<p>1. Equity Practice — Reference—Scope.</p> <p>A party to a suit in equity is entitled to the judgment of the court upon the issues raised — especially those of law — and it is not competent for the court to refer the entire decision of the case to a master without the consent of the parties.</p> <p>3. Attorney and Client — Estoppel of Attorney — Acts Inconsistent with Employment.</p> <p>One who was for a number of years attorney for an insolvent judgment debtor and his wife, being employed whenever they needed the services of a lawyer, and who advised and assisted in transactions by which real estate owned by the debtor was transferred to his wife, and defended her title thereto when attacked by her husband’s creditors, is estopped to afterward buy one of the judgments then outstanding against the husband, and enforce the same by a creditors’ bill against the lands held by the wife; nor can he be heard in a court of equity, in his own interest, to assert that the transfers by which she acquired the title were fraudulent.</p>