Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-03-17


creasing or decreasing those rates in the
Supreme Court"
CIRCUIT COURT.
Special retainer net less than $50. ex-
cept in mere delay suits.
I'm cases where the Circuit and Chance
~ Courts have concurrent jurisdiction, the
fees will be governed by the Chancery Court
as security for costs, not less than S.. As
security on attachment bonds, the same as
in Chancery Court. In litigated suits not
less than two per cent. on the amount in
litigation"
ATTORNEY AND CLIENT.
"No attorney shall become the security
of any home-client, except in a special case.
In case the same attorney is retained, gen.
orally by two persons whose interest con-
hict, the party first retaining him ia entitled
to the services of such attorney.
All fees are due from the time of EN-
ployment, and bear interest from that time.
This schedule embraces the very lowest
fees in any case, to be paid in current
funds.
a." All fees, except those especially men
toned, will be at the discretion of the at
torney, or will be such as may be agreed
upon.
"All fees must be paid at the time of en-
ployment, unless the attorney consents for
the client to secure the same, and fifty per
cent will be added, and if not paid or Sc
cured, one hundred per cent. will be added,
the object being to abolish credit system.
No attorney will henceforth regard him
self as the standing attorney for any one
who does not come forward and pay or Sc
cure the general retaining fee
No attorney, after giving notice to his
client, will proceed with any suit or unset
tied business in his charge until the fee
or fees due him thereon are paid or secured
IN the manner stated, nor will he regard
himself employed in any case where the
special retaining fee has not been paid.
Adopted at GAINESVILLE, Tennessee,
June 18th, 1854"
In the foregoing we have extracted only
SO much of said schedule as could have
reference TO a case like the one before the
court.
The defendant, Hornberger, filed an
swer and cross bill. This answer and cross
bill admit that the law firm of Hornber-
ger d House had been for several years the
attornies of THE Branch Bank, and that
House was a director in the same, and aside
from meeting with the board, respondent
had more TO do with the attorneyship than
House; that in 1861 House left the State
end the attorneyship of the bank con
tinued in charge of respondent; that on
the fall of Fort Donelson in 1862 all the
courts were closed, and the bank was prin-
cipally conducted by Weaver, but that the
local Cashier (Hume) would from time to
time apply for advice to respondent upon
such matters as he was not specially d.
rected in by the officers of the mother
bank at Nashville. No charge was
however made for these services. In
March, 1864, in obedience to instructions,
Hume requested respondent to bring at
tacbmeIt bills against some of the debtors
of the bank, and such bills were filed, and
covered about 100000 of Indebtedness.
Respondent further states that in the sum-
mer of 1854, Hume expressed the opinion
that the bank would wind up, and that in
order to collect the assets, they would have
to be placed in the hands of an attorney, and
desired to know what would be the charges
and fees of respondent if the business was
passed to him, stating at The same time helm
tended to send the proposals to Nashville.
A letter was addressed to Hume, but in
tended for the bank at Nashville. In this
letter respondent advised against making
the intended action of the bank public, but
thought the interest of the bank would be
promoted by granting renewals, taking
deeds Of trust and mortgages, etc, and pre-
sents many reasons to sustain these views,
but stated that if the bank should deter
mine TO wind up, that as soon az the courts
opened, the claims should be put into
judgments, so as to get first liens,
md states that the change in the currency
is well as the condition Of the country
made it difficult to determine what would
'e proper fees. That respondent was will
ng TO be governed by the same fees as the
Bank Attorney at Nashville. Respondent
urther states that Weaver replied through
Hume that the bank had no arrangement
With the Nashville attorney. Respondent
hen states the action of the bank at Nash
lille in reference TO the schedule adopted
he 10th Of June, 1864. On the 18th of
'une, 1864, respondent addressed letter
0 Hume in reference to the unpaid fees of
iornberger and House, and in that letter
nclosed the schedule of fees. In this letter
re contained the following owe have
eretofore charged the bank only two and
half per cent. for obtaining judgments or
ollecting in unlitigated cases, but the
barge at the time was equal to gold, now
wo and half per cent. in greenbacks or
'lanters' Bank money is in fact less than one
er cent. However, we are willing to abide |
y the rules and arrangements that the |
ank may have made with Mr.. Fogg, (the |
Nashville Attorney You will also see from
he schedule that all fees are cash in advance, |
ut upon this point we will abide the |
FISHES OF the bank, as it has ever paid over |
ees when called for. We would, how |
yer, prefer adhering to the schedule in all |
sses If possible, as this is the determine |
ion ofthe bar here"
The answer charges that this letter with |
he accounts of unsettled fees and schedule
Iere sent to Nashville, and the bank at |
ordered Mr.. Hume to pay the /
count, and censured him for not paying |
before. and instructed him in future to |
ay all fees in advance, that is, at the time |
he claim was handed out for collection. |
respondent alleges that Hume saw him |
everal times in 1864 and 1866, and desired
, know what his fees would be if the
lalms were placed in his hands, and urged
i'm to come 10 some terms, stating that the
lalms would amount to about 100000, |
eslde interest, and that the fees were cash,
nd gave this latter as reason why
espondent should be liberal. About the
rst OF March, 1866, Hume again saw
espondent and pressed the question
the fees. Thereupon respondent de-
srmined TO 60 TO Nashville and see the
Ulcers of the bank, and on the 7th of
Iarch, 1865, in Nashville saw o. Ewing
nd d. Weaver, President and Cashier,
told them that Hume had in
'rmed him that they wished to pay him
I'M in gross to wind up the affairs of the
lnk at GAINESVILLE. Weaver said this was
mistake; the bank wished TO paw a per-
sntage, and this to be governed by the
mount actually collected. Respondent
formed him that the bank could make no
lch arrangement with him; that doubtful
aims gave an attorney more trouble and
,quired more skill and attention than
Invent claims, and that he would accept
le business upon no contingency as to fees.
feaver thereupon insisted that respondent
lould make proposition in writing, and
e (Wesver) would lay il before the Man
yers of the bank, and consult leading at
rneys at Nashville.
T. - 4