Jones v. Brantley

Citations

• 121 Miss. 721
• 83 So. 802

Syllabus

<p>1. Attorney Entitled to Retainer Though Some Services Performed on Sunday.</p> <p>Where an attorney made a retainer contract with his client on a secular day and stayed in town for ten days at the request of his client, neglecting to attend to other matters waiting to close up the business of his client, he was entitled to recover a reasonable fee as a retainer and a reasonable amount for his time in remaining in town instead of leaving to attend to other matters, though some of the services rendered were performed on Sunday in violation of section 1366, Code 1906 (Hemingway’s Code section 1102), such a contract not being an indivisible one.</p> <p>2. Sunday. Services of attorney in rearranging partnership business not work of necessity or charity.</p> <p>Services rendered by an attorney in rearranging a partnership business is not a work of necessity or charity under Code 1906, section 1366 (Hemingway’s Code section 1102) prohibiting the performance of work on Sunday except housework or other work of necessity or charity.</p> <p>3. Sunday. Certain legal services may be performed on Sunday.</p> <p>There are some services that an attorney may lawfully perform on Sunday, as the law' expressly authorizes certain suits and other legal matters to be done on Sunday and where his contract is not an indivisible one the performance of other work on Sunday prohibited by law does not vitiate the entire contract.</p>