Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1868-12-30

7 T-TW
For writing mortgages and deeds Of trust not less
man so for writing and advice three per cc.t on
me hrst SlooO, two per cent the s., OOO and
one per cent. the next $1,000, and one half per
cent On All additional sums provided, the fee shall net
"DEPoar1oss
Not less than SO for each deposition for each day
employed in taking dispositions $50 If the attorney
regularly employed in the case not less than S. for
each deposition, aud for days services in taking de-
positions $50 per day. all and expenses to be paid
/ by the client
COLLECTION SUITS.
When plaintiff and defendant reside in MOntgom
cry county not less than five per ceat for collections,
"ueIher suit is brought not and in all other
not less than ten per cent whether suit is brought or
not except when the exceeds $4,000, and then
uoh rates as may be agreed on but not less than three
pr cent Whefe inc parties reside in the county and
seven per cent IN all other cases. When the defense
Tor delay, not less than $40 in any case; two per
cent on the first 81 goo one per cent on the next s.
asa one fourth per cent o. all additional sums,
or claim is tigated, the fee will be governed BIZ Hgated
cases.
JUSTICES OF THE PEACE.
special retainer not less than SlO actions of f5reibe
entry and deainer not less than $40 with various char
ges not Necessary 70 meition.)
"cHANcERY coURr.
Special retainer not less than $50 tenure cases not
less than $50 fling bill less than $40 fling answer
lot less than $50 attachment bills for the collection of
Money when not ihgaed the rates an the cOllee
uon OF claims, with the addition Of $50 for filing the
bill fling injunction bills not less than $50 Then three
per cent on the first 81, 600 two per cent ON the next
$1,000 one per cent on the next $4,000 one half per
cent Oh all additional sums.
"Fiiug attachment and Injunction bills not less than
$SV then seven per cent the FIRST $1,000 six per
cent on the next $1,000 Eve per cent on the next S.
wv and four per cent on ell additional If the
case is truly and severely ltigated not less than fifty
per cent win be added, to be governed BY the above
scale III
For filing bills to foreeose mortgages and deeds of
trust not less ia each ease than $50 then Elk per cent
on the first 81 600 five per cent on the next So coo
four per cent the next S. 600 and three per cent on
all additional sums If the truly Irrigated or at
tended with unusual trouble not less than tv per cent
viii be added, to be governed by the above scale.
"tor receiving and receipting for money. in addition
to the regular attorney fees half the collection
viii be charged in all other cases the collection rates.
SUPREME COURT.
Especial retainer not less than $50. All other fees
Courts The Attorney, however has the discretion Of
increasing or decreasing those rates in the Supreme
Court
"ciRcUIr COURT.
especial retainer not less than $40 except in mere de-
lay suits.
In where the Circuit and ChGncery Courts have
jurisdiction, the fees will be governed by the
Chancery Court security for costs not less than Sl5
As security attachment bends the same as in Chan
Gerry Court In igaed suits not less than two per cent
on the amount in litigation
"ATroREEY And cLIESr .
No attorney shall become the security Of any home
client, except in special In the same ator
noy Is retained, generally by persons whose
conflict the party first retaining him is entitled TO the
services Of such attorney.
call fees due from the time Of employment, and
bear interest from that time This schedule embraces
the lowest fees in any case, to be paid in current
funds.
"A fees except those specially mentioned, win be at
he
agreed upon.
Gan fees must be paid at the time of employment,
less the attorney consents for the ceR TO the
same and then fifty per cent viii be added, and if not
paid secured hundred per cent. will be added the
object being abolish the credit system No attorney
will henCeorh regard himself the standing attorney
for any who does not forward and pay or Sc
cure the general retaining fee.
"No attorney, after giving notice to his client will
proceed with any suit unsettled business 10 his charge
until the fee fees due him thereon paid secured
in the manner stated viii he regard himself employ
ed in any where the special retaining fee has net
been paid. !.
Ia the foregoing we have extracted only SO much Of
said schedule could have reference to case like the
one before the court
/ bill This answer and cross bill admit that the
law firm Of Hornberger House had been for several
wears the attorneys Of the branch bank, and that
House was a director in the game, and aside from
meeting he board, respondent had to do with the
attorneyship than House that in 1861 House left the
State and the attorneyshp Of the bank continued 10
charge of respondent that the Al OF Fort DoEeison
in 1862 sn the courts were closed, and the bank was
principally conducted by Weaver, but that the Local
cashier Hume would from time to time apply for advice
TO respondent upon such matters he not specially
directed in by the officers of the mother bank at Nash
Vile No charge was however, made for these services
In March, 1854, in obedience to Instructions hume re
auested respondent to bring attachment phts agans
some of the debtors Of the bank, and such bills were
| 6led and covered about 500 600 of Indebtedness.
Respondent further states that in the summer Of 1861
Hume expressed the opinion that the bank would wine
up and that in order TO collect the assets they WoulC
have to be placed in the hands Of attorney anC
desired know what would be the charges and fees
respondent if the business was passed to him, statr(
at the same time he intended to send the proposals t
! Nashville A letter was addressed to Hume, bat in
tended for the bank at Nashville. In this letter 70
spondent advised against making the intended ACTOR
Of the bank public but thought the interest OF the ban
would he promoted by granting renewals, taking deed
Of trust and mortgages etc. and presents many reason
20 sustain these vioWs but stated that II the PAM
should determine to wind up that as soon as lhe court
opened the claims should be Put into judgments, so
10 Get FIRST liens and states that the change IN tn
currency as well the condition Of the country mad
II difficult to determine what would be proper ices
that respondent willing to be governed oy tue sam
fees as the bank attorney at Nashville: -,
Respondent further states that Weaver rep heG
through Hume that the hank had no arrangement W.T.
the Nashville attorney Respondent then states the ae
n Of the bar at Clarksyle il reference 10 the schedul
adopted the 10th of June, 1864 On the lgth OF June
1854 respondent addressed letter to hume IN EeieleO
to the unpaid fees Of Hornberger aud house ana III qua
letter inclosed the schedule Of fees In TINS eter at
contained the following: eve have heretofore charge
the bank only two and half per cent Tor obtaining
judgments or collecting in unlitigateG cases, put W
charge AT tho time was equal % gold. Now two ana
blr Nor cent In Green backs or Planters Bank none
is in fact less than per cent However, we are wiz
ing TO abide by the rules and arrangements nat e pan
may have made with Mr. Fogg, inc NashYio
You win also see from the schedule that an lees arc cs
in advance but upon this point we will ABIDE the "lSle
Of the bank as it has ever paid over ices when csas
for We would, however, prefer adhering 10 'ne soh
in all il possible as this is the v "
The answer charges that this letter. with the account
If unsettled fees and schedule we're sont to Nashfe an
the bank at Nashville ordered AR. nuo ~ Pa9 ~, :;
count ana censured him Cor not paying before anu u
,e5 him in future to pay ell fees in advance that
AZ the time the claim handed out for collection
RESPONDENT alleges that Eune saw nm seNeISt 'i c
IN Iss5 and 1865 and dosired to know what ms Ice
,Id he II the claims were placed in has hanas, an
urged him to come terms, stating that tne AIN
aid amount to about $4,000 beside interest," ano M
The fees were cash. and gave this letter as reason
,ort- sbopld he LIBERAL About the FIRST OF Marei
ss5 Hume again saw respondent aud pressed 'he Hue
ton of the fees. Thoreupon respondent - (
40 Nashville and the officers OF the oahS au
I IN of March 1865. in Nashville saw " EHlhS a..
vgvor President and Cashier Respondent tol1 tnei
that Hume had informed him thai they wisno9 % "a
him sum in gross to wind Up the AFFAIRS OF tne pam
C,is-ksve Weaver said this was mistakej lne 1aI
J sbl 40 raw per oentage, and this 70 be governed
t aroonnt actually collected. Respondent informed III
tbat The bank could make such arrangements w
him that doubtful claims gave ae au1fney 1 i;
81 opired more skin and attention than solvent eial
nJ MAI he would accept the business upon no Senn
ncv as 10 fees Weaver thereupon insisted tnas Z
spopdent should make proposition IN Nrithg, ai ~
fyeaver) would lay il before the managers OF t'e "a"
/, ~ consult leading attorneys at Nashville.
Tbersupon on that day, March IN, lSoSl
b1ited the following in substance; IAN eases g "a
st arc not Irrigated per cent, and all itgated cas-
ma "a ,sr cent However in cases that arc iega
Az i1S nsdven and the bank merely desires is CLAIM
Ts5ueed to judgments and have nothing to DO ont :
f duee the claim to judgments y per cent VIII Oe
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