Timm v. Timm

Citations

• 34 Wash. 228
• 75 P. 879
• 1904 Wash. LEXIS 341

Syllabus

<p>Appeal — Briefs—Printing Findings- — Dismissal. An appeal will not be dismissed because of the failure of the appellant to print the findings of fact in the opening brief where, after the motion, the findings are printed in appellant’s reply brief {Young v. Boreone, 26 Wash. 4, followed).</p> <p>Attorney and Client — Authority to Compromise Suit — Compromise of Property Rights in Action fob Divorce. An attorney is not authorized to settle the property rights of his client in a divorce case without express authority, and none appears where the attorney testified that his client had given him to understand that she ought to have one half of the property, and later wrote him urging him to get the matter fixed up, whereupon he settled property rights valued at $3,000 by the receipt of notes for $250, and after being notified of the settlement, the client was dissatisfied therewith and refused to accept the money, and testified that she had never authorized a settlement for less than one half the property.</p> <p>Compromise — Attorney’s Settlement — Ratification—Divorce —Division of Property Pursuant to Unauthorized Settlement — ■ No Estoppel by Partial Application of Deposit in Court to Payment of Suit Money. Where pending a divorce, the defendant’s attorney makes an unauthorized settlement of the property rights, accepting $250 in full for the wife’s interest in property of the value of $3,000, which the wife refuses to accept, and deposits the amount paid to her in the registry of the court, and the court applies $112 thereof for temporary alimony and attorneys’ fees, which the plaintiff had been ordered to pay to the defendant, it is error for the trial court in awarding the defendant a divorce on the ground of plaintiff’s cruelty, to find that the settlement is conclusive upon the defendant and to order that her share in the community property be limited to the balance of the sum paid on such settlement, and the defendant is not estopped by accepting the part of