Schultheis v. Nash

Citations

• 27 Wash. 250
• 67 P. 707
• 1902 Wash. LEXIS 386

Syllabus

<p>ATTORNEY AND CLIENT-SUBSTITUTION OE ATTORNEY-NOTICE.</p> <p>Under Bal. Code, § 4769, authorizing a change of attorneys at any time before the final determination of an action, upon the order of the court on the application of the client therefor, a notice issued by citation is sufficient, provided the attorney is thereby given reasonable notice of the application for a change.</p> <p>SAME-EVIDENCE-CONTRACT EOB COMPENSATION-ADMISSIBILITY. .</p> <p>In an application for the suosticution of attorneys, which Bal. Code, § 4769, authorizes, provided the charges of the attorney have been paid by the party ashing the change to be made, the refusal of the court to admit in evidence a contract between the attorney and client for his fees, and its action in governing the admission of evidence as to the value of his services by the rule of quantum meruit, was erroneous.</p> <p>SAME-EMPLOYMENT BY GUAEDIAN-LIABILITY OE WARD’S ESTATE EOR COMPENSATION.</p> <p>Under Bal. Code, § 6402, which authorizes guardians to prosecute and defend for tneir wards in all cases and under Id., s 6405, which makes it the duty of a guardian to manage the estate for the best interests of the ward, pay an just debts due from the ward out of his estate, collect all debts due the ward, and in case of doubtful debts compound the same, a guardian is authorized to enter into a contract agreeing to pay attorneys one-half of all the estate they mlay recover for the ward in an action brought to establish his right thereto.</p>