Gilmore v. Connellsville Water Co.

Citations

• 2 Pa. Super. 99
• 1896 Pa. Super. LEXIS 18

Syllabus

<p>Attorney at law — Attorney and client — Settlement of dispute.</p> <p>When a client is dissatisfied with the sum retained by his attorney as compensation, he may either bring suit against or take a rule upon him. In the latter case the court will compel immediate justice if the sum retained be such as to show fraudulent intent; if the answer convinces the court that the sum is held back in good faith and is not more than honest compensation, the rule will be dismissed and the client remitted to a jury trial.</p> <p>Attorney and client — Effect of findings by court.</p> <p>Where a controversy between an attorney and client is submitted to the court on rule, answer and depositions, the record presents the decree with the weight of a verdict, and it will not be set aside unless error clearly appears.</p> <p>Practice, C. P. — Trial by jury — When waived.</p> <p>Where a party to a cause has submitted the determination of the facts to the court and has taken the chances of a finding in his favor, he cannot after an adverse decision select a new tribunal by demanding a trial by jury.</p>