Payette v. Willis

Citations

• 23 Wash. 299
• 63 P. 254
• 1900 Wash. LEXIS 360

Syllabus

<p>EXCEPTIONS TO FINDINGS — SUFFICIENCY.</p> <p>The evidence upon wMcb findings of fact were based will not be reviewed upon appeal, where tbe exception taken to tbe findings is a general one, applying to all of them, instead of particularly specifying tbe ones which are erroneous.</p> <p>ATTOENEY AND CLIENT-VIOLATION OF TEUST.</p> <p>The fact that an attorney, while conducting litigation respecting certain land in behalf of a client, buys up the tax titles against such land, would not constitute a violation of his duty as attorney, and evidence thereof is irrelevant in a proceeding instituted by the client for the purpose of having the court remove the attorney from further acting in that capacity.</p> <p>SAME-CHANGE OE ATTORNEY-COMPENSATION.</p> <p>Under Bal. Code, § 4769, which permits a change of attorneys in an action, upon the order of the court, in an application therefor by the client, but requires the charges of such attorney to be paid before any change can be made, the conclusion of law by the court that the client may discharge the attorney upon payment to him of $300 attorney’s fees, and moneys advanced by him as costs, is warranted, where the findings of fact show that there was no contract between them as to the amount of compensation to be paid, that $300 was a reasonable compensation for the services rendered, and that certain sums had been expended by the attorney in behalf of his client as advanced costs.</p> <p>SAME.</p> <p>The mere fact that an attorney and client differed as to the kind or amount of compensation to be paid for services rendered, and that the attorney refused to proceed with the case until compensated according to his claims, and that, upon the trial of the question of compensation in a proceeding brought for the removal of the attorney the finding of the court was that there was no such contract for compensation as the attorney claimed, would not establish unfaithfulness to his client in the discharge of his duties as attorney,