Levy, Simon & Co. v. Brown

Citations

• 56 Miss. 83

Syllabus

<p>1. Attorney and Client. Attorney’s authority. Client’s acquiescence.</p> <p>M., an attorney, being employed by L., S. & Co. to collect a claim due them, recovered judgment and had execution issued thereon against the defendants, which was returned nulla bona. M. then had a writ of garnishment issued against B. & Co., and obtained judgment against them as garnishees for the amount of the debt due L., S. & Co. Execution was then issued against B. & Co., and they enjoined the same. M.. notified L., S. & Co. of the pendency of the injunction proceedings, and that he was attending to the suit for them. They made no objection to his representing them in the injunction suit, but observed silence on that subject. Held, that, by their silent acquiescence, L., S. & Co. recognized M.’s authority to represent them in the injunction suit, and his employment therein was as full as in the original action.</p> <p>2. Same. Extent of attorney’s authority.</p> <p>In the United States, the weight of authority is against the English rule of law, that an attorney is the general agent of his client in all matters that may arise in the progress of the cause, or the collection of the claim, intrusted to him, and that he may compromise by accepting less than the full sum due, or, where the demand is for goods sold, by receiving back the goods in satisfaction; and the rule^has been frequently repudiated by this court.</p> <p>3. Same. Scope of attorney’s authority.</p> <p>An attorney has unlimited authority in conducting the litigation of his client’s case; and, where a claim has been intrusted to him for collection, he may take all steps necessary to insure its collection, and has the power to control all legal process, and to compromise or release all attachments or other liens which have accrued in the progress of the litigation, and do not belong to the original demand.</p> <p>4. Same. Client bound, by agreement of his attorney. Case in judgment.</p> <p>M., as attorney, recovered a judg