Westmoreland v. Martin

Citations

• 24 S.C. 238
• 1886 S.C. LEXIS 30

Syllabus

<p>1. An attorney’s right to fees must, in every case, rest on contract made with the party himself who is charged, or with his representative. No legal claim for compensation can be founded upon services incidentally benefiting a party, other than the employer, as against that party, because of the incidental benefit.</p> <p>2. Where a plaintiif, claiming a half interest in land, brought action for partition, and the claim was resisted, but finally adjudicated in plaintiff’s favor, and the land divided, each party getting half, the defendant cannot be charged with any part of the foe due to plaintiff’s attorney.</p> <p>3. This case distinguished from Nimmons v. Stewart, 13 A O., 446.</p>