Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-10-02
WE'LL SUITS.
TIi

INV U"aTT'I beC"een tho Attorneys and
tho Drive Wellers-Judee Nelson Set
tiesIt. :..
United States Circuit Court, District of Min
nesota-in the matter of the application Of
William ID. Andrews and others for substitu-
ton Of solicitors in certain suits.
Nelson, J. .....
The following contract is reported by the
referee and fully sustained by the testimony :
The solicitors, Messrs. Lamprey and Jar:.e,,
were to commence and prosecute under the d.
rection of the complainants any and all. suits
which they might direct to be brought for the
enforcement of their rights under certain let
tiers patent, the names of the parties to be sued
to be furnished by said complainants, and after
the commencement of any suit the
same should be under the control of
said Lamprey and James, and should
no. be withdrawn or dismissed
without their consent, and any settlement
thereof should be made only through and nv
consent of said Lanprey & James. Said Lam
prey James were not TO recsive any cash re-
tanner IN advance for their services in such liti
cation, but we're to receive as compensation for
their services in each suit, the entire proceeds
which might be realized therein after paving
the costs and disbursements thereof and paw
Ing to complalnants the sum of ten dollars as
royalty Tor each well involved in such suit:
that is: the gross proceeds realized from the
prosecution of each srit should he applied.
first, in payment of clerks and marshai's fees.
and other expenses and disbursements thereof: :
second, in payment to complainants of the
sum of ten dollars for each we'll involved in or
covered by. each suit, and the resi-
que thereof said attorneys were to
retain a. their compensation for
services therein. That if in any case the
validity of como'ainants' patent should be
contested, than Ill any such contested case said
Lamprey q James were to receive reasonable
compens'tl,n i"r their services therein in adj
d't,"' t" the before rentioned compensation
80 fixeI and agreed upon.'
The solicitors commenced after this agree
'ncns between the parties 465 SUITS and of
these ~! are nov pending. The complaint
hled In each suit ia printed and all are in the
same form. Messrs. Lamprey l. James were
retained by the com plainants in closing up old
suits before this agreement was entered into.
and have been paid i, full for their services in
that behalf. think reasonable com ensation
for labor performed in the suits commenced and
nov pending is two Thousand dollars, The
contract between tn. solicitors and clients
coutcm ,lNt*d the control oe all. suits to final
decree and enforcemc nt 1t the same. and the
compensation for serv res was contingent upon
the amount realized. It may be that nothing
will be realized in any of the suits, at least I
cannot assume that the complainants claim for
damages will be paid; and in as much as it il
the desire "s both solicitors and clients that
q substituting should be made, the measure of
I'''H poi'>' h'h iuust Dc u Ia1F sum Tor the
vices performed in commencing the suits pend
ing.
Again, there is one feature of the contract
which does not commend itself to my iudg-
ment. It is this, land after the commence
ment Of any suit the same should be under the
control OF said Lamprey & James and should
not be dismissed or withdrawn without their
consent, and any settlement thereof should be
made only through and by consent of said
Lamprey James,
In deciding the application lay this con-
tract entirely out of view, and allow only such
compensation as think would be recovered on
q quantum merult count in suit, If COM
menced. The solicitors have already been paid
about six thousand dollars and I cannot over
look this in considering the legal and equitable
rights Of all parties. If the contract is void,
as contrary to public policy, having a tendency
to proiong litigation and prevent adjustment
between litigants on account of the clause
above referred to, no greater sum than the
statutory fee could be allowed by the court
II The solicitors continued to act until final
decree. This fee would be twenty dollars in
each sn't. and the relative amount of service
mp to this time in my opinion entities the
solicitors to less than one fourth of that sum.
are also entitled to $613.50 advanced by them
and paid to the clerk of the court to apply on
bis fees in the suits pending. The amount
claimed by the solicitors for services and dis
putsemen,s In taking dispositions to be used in
suits pending in the United States circuit
court in Indiana cannot be allowed and order
ed to he paid as condition of substitution of
solicitors; they have remedy to collect such
claim. Tt9
As conclusion of the foregoing, it is ordered.
that before substitution of solicitors is made
the complainants pay to the solicitors, Messrs.
Lamprey d James, the sum of two thousand
ak hundred and thirteen dollars and fifty cents
tSZSlS S)) fOoefhor With Tho foo, o,,d
costs of this proceeding. and, when paid, the
soiicitors turn over to the cemplainants or their
substituted solicitors all the papers in their
possession relating to the.suits now pending.
have reduced the amount reported by the
referee for the reason that think the original
contract void as above stated, and do not take
1t into consideration, which he did, in deter
mining the compensation due
Ramsey County Veterans Association
. All persons who have signed the call, and all
disposed to join the association, are requested
to meet in the old court house on Saturdau tha