Phillips v. Louisville & N. R.

Citations

• 153 F. 795
• 1907 U.S. App. LEXIS 5132

Syllabus

<p>1. Costs — Suits in Forma Pauperis — Interest of Attorney.</p> <p>Where plaintiff’s attorney was financially interested in tbe result of an action brought in the federal court, plaintiff could not obtain an order permitting him to sue in forma pauperis, as authorized by Act Cong. July 20, 1892, c. 209, § 1, 27 Stat. 252 [U. S Comp. St. 1901, p. 706], without a showing that plaintiff’s attorney was also unable because of poverty to give security.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 13, Costs, §§ 502, 508 J</p> <p>2. Attorney and Client — Contract for Services — Construction.</p> <p>A contract between plaintiff and his attorney provided, that plaintiff agreed to pay the attorney in full settlement of his fee an amount of money equal to one-third of any amount recovered in the cause by settlement or otherwise. The contract also stipulated that the attorney should not settle the suit without, plaintiff’s consent for less than tlie total amount sued for, and that the attorney should have full authority to do all such acts as he might deem necessary and proper in the premises, with power to associate or substitute other attorneys with him at his option, field, that the contract provided for a contingent fee, and vested in the attorney a pecuniary interest in tlie suit.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 5, Attorney and Client, § 353.]</p> <p>3. Costs — Suits in Forma Pauperis — Appointment of Attorney.</p> <p>Act Cong. July 20, 1892, c. 209, § 1, 27 Stat. 252 [U. S. Comp. St. 1901, p. 706|, authorizes impecunious persons to prosecute suits in the federal courts without giving security for costs, and section 4 authorizes the court to assign counsel to prosecute the suit on behalf of such plaintiff. Held, that where plaintiff had secured counsel under a contract for a contingent fee, who had commenced the suit, filed pleadings, and prosecuted the case through two mistrials, plaintiff was not thereafter entitled, on the mak