Johnson v. Higgins

Citations

• 30 Del. 548
• 7 Boyce 548
• 108 A. 647
• 1917 Del. LEXIS 50

Syllabus

<p>1. Executors and Administrators—Probate affidavit of claim produced ON MOTION FOR NONSUIT AFTER CLOSE OF PLAINTIFF’S CASE NOT TOO LATE.</p> <p>The affidavit which under Rev. Code 1915, § 3376, must be produced before an executor may pay a claim against decedent, and for failure to produce which in action against executor plaintiff shall, on motion, be nonsuited, may be produced, on the motion being made, though plaintiff had closed his'case.</p> <p>2. Contracts—Of attorney with layman to procure evidence for part OF CONTINGENT FEE AGAINST PUBLIC POLICY.</p> <p>An agreement of attorney to share his contingent fees with one not an attorney for looking after and procuring evidence is against public policy.</p>