Hinckley v. Krug

Citations

• 4 Cal. Unrep. 208
• 34 P. 118
• 1893 Cal. LEXIS 1067

Syllabus

<p>Attorney—Liability to Client for Negligence.—A client cannot recover of his attorney damages on account of negligence, in the absence of any injury to the client caused by such negligence. ■</p> <p>Attorney—Action for Services—Negligence as Defense.—In an action by an attorney to recover for professional services, defendant claimed damages for incompetency and negligence, and there was evidence that he employed plaintiff to prosecute certain actions to judgment for a fixed sum in each case, and that plaintiff was discharged before judgment for negligence and ineompeteney, in failing to file lis pendens in two foreclosure suits. Held, that evidence that plaintiff explained to defendant the effect of filing and failure to file such notices, and the probable expense, and that defendant said he did not want to spend the money for filing them, was admissible.</p> <p>Attorney—Action for Services—Negligence as Defense.—In such case it is not error to exclude evidence that part of the property covered by one of the mortgages plaintiff was employed to foreclose was conveyed by the mortgagor before, but the deeds were not recorded until after, the foreclosure suit was commenced, where it appears that tile remaining property sold for enough to satisfy defendant’s judgment.</p> <p>Attorney—Action for Services—Negligence as Defense.-—-Where part of the services for which plaintiff seeks to recover consisted in examining the title to a lot, it is error to exclude evidence that, through the advice of plaintiff that the title was clear, defendant purchased the lot, and was afterward compelled to redeem it from a prior tax lien.</p> <p>Attorney.—It is not Unprofessional Conduct on the part of an attorney to bring an action on a just claim against a nonresident, and serve summons by publication, when employed to do so, with the hope that possibly the defendant therein will pay the judgment obtained, on its being sent to the place where he resides, though such attorney knows such a