Yates & Ayres v. Robertson & Berkeley

Citations

• 80 Va. 475
• 1885 Va. LEXIS 86

Syllabus

<p>1. Judgments — Relation back — General rule — Exceptions.—As a general rule, a judgment rendered at any time during a term, relates back to the first day of the term, as if rendered then. This, however, is not always so. The rule does not apply to a judgment rendered during a term in a case which was in such a condition that the judgment could not have been rendered on the first day of the term. Coutts v. Walker, 2 Leigh, on p. 303, top ; Brown v. Hume, 16 Gratt. on p. 465.</p> <p>2. Attorney and Client — Fees—Taxed—By contract. — The clerk of the court cannot tax against the losing party in a suit, other than the fees prescribed by statute. But contracts, express or implied, between attorney and client for fees, are not limited as to amount, and may be » enforced as other contracts.</p> <p>3. Idem — License.—A client cannot refuse to pay his attorney his fees, though that attorney be practicing without license.</p> <p>4. Idem — Influencing legislation — Bribing—Argument.—Section 6, chapter 5,Criminal Code of 1878, p. 295, aims at the offence of paying money or other compensation to secure the passage or defeat of any measure, and was doubtless intended to apply to the use of money in buying votes, &c.; and not to contracts with attorneys for purely professional services, such as drafting petitions, setting forth client’s claim, taking testimony, collecting facts, preparing arguments, oral or written, addresses to the legislature or its committee, with the intention to reach its reason by argument. Hence contracts for the latter purpose are valid. Trist v. Child, 21 Wall. 441.</p>