Newman v. Moyers

Citations

• 253 U.S. 182
• 40 S. Ct. 478
• 64 L. Ed. 849
• 1920 U.S. LEXIS 1459

Syllabus

<p>Section 4 of the Omnibus Claims Act of March 4,1915, c. 140, 38 Stat. 962, limiting the amount of fees collectible by attorneys in respect of the claims therein appropriated for, is valid. P. 185. Calhoun v. Massie, ante, 170.</p> <p>A suit by attorneys against their client and Treasury officials to enforce a contract for fees made unlawful by an act of Congress is an attempt to use the court for an illegal purpose and should be dismissed by the court, sua sponte if necessary, and it is immaterial whether the Treasury officials or the Government have any interest entitling them to appeal. Pp. 184-185.</p> <p>In a suit by attorneys against their client and Treasury officials to enforce a contract for fees made unlawful by an act of Congress, wherein the client failed to prosecute her appeal to this court from a decree against her, held, that this court might open the record and reverse the decree or dismiss the appeal for want of prosecution, leaving the court below free to take appropriate action to prevent itself from being used as an instrument of illegality. ' P. 185.</p>