Evening journal., 1894-02-14
THEY WANT THEIR SHARE
Lawyers Claim One-third of
What Was Recovered.
SEQUEL TO sNYDER-MCOMB CASE

Compiainants Assigned the Decree Of
the Court to New York Firm But
Forgot to Pay the Lavyera-They
Want About $4,000 Of the Amount
Won From the McComb Estate.
In the United States Court House at
Sixth and King streets, to- morrow, there
will be an argument In the Circuit Court
of the United States. before Judges Dallas
and Wales. in a case which has attracted
considerable attention, and is Of great
interest, particularly to lawyers. From
$4,000 TO $40 GOO in lawyers fees de.
pend upon the decision
A Legal Fight for Thousands.
1t arises in the case Of Snyder's admin
istrators VS. MoComb's executors, in which
the plaintiffs, in 1889, recovered about
SOL coo On this there was an appeal
taken TO the Supreme Court which re-
suited, in the early part Of 1888, In con.
firnation of the decree
No Provision for Payment.
About this time IL became known to
the solicitors of the plaintiff below that
their clients had assigned the decree and
made no provision for the payment of
their solicitors who had. when the suit
WAS brought been employed mainly upon
an agreement for contingent compensa
iion to be paid out of the amount recov-
cred, they having received small retain
ers at that time
The defendant, having been notified by
the alleged assignees aud the solicitors
Of the complainant of taeir respective
claims upon the fund, refused TO pay 10
either. Thereupon the solicitors issued
an execution TO Marshal Lannan for the
collection OF the claim, claiming their
right 10 do so as solicitors Of record
Thereupon the defendant made applica
tion to the court rendering herself
ready TO pay the money as the court
might direct.
over one Hundred thousand.
The whole amount Of the decree up to
this time was about 81 1000 OF this sum
the court ordered $40 900 to be paid into
court to meet the claims Of the solicitors.
If IL should be determined that they were
TO be paid out OF the fluid and leave was
| given TO the defendant TO pay the
balance upon receiving the Joint release
of the complainant aud assignees
Under an order Of the court large
amount of testimony was taken by )
Redmond Smith, as special master, and
his report upon the same sustained the
claim of the solicitors to be paid out OF
the fund
The Question TO BE Tried.
The questions to be tried by the court
Tomorrow are whether the solicitors
have a lien on the fund which entities
them TO be paid out OF the money in the
court, and, IL they have such right tn,
amount which shall be paid them Thei
claim is about 81 400 for disbursement
aud Que third OF the whole amount OF
the principal and interest OF the decree
for their services.
The case will be argued fof the plain
til by W. g Wilson, of the firm Of
| Wilson q Wallace, of New York, anC
Hon. w. c. Spruance, Of this city
Senator Gray, who is associated with
them will not be able to attend on &C
count Of his official duties In Washing
ton.
The assignees are Walkinshaw 8
Noight, Of New York, who are repre-
sented by their counsel, Mr.. Schmidt, o
the New York bar.
The solicitors who want the one thirC
Of the amount of the decree are Senator
Gray, Mr.. Spruance and Wilson
Wallace. Ambassador Thomas f. BayarC
was associated with them when the sui
was originally brought in 1888 bui
retired two or three months afterwards
With such an array Of legal talent thl
argument promises to be both interest
ing and powerful.