Page:Federal Reporter, 1st Series, Volume 5.djvu/895

 SFANGLEB V. S£LLEBS. 883 �4. SaME— SAMEr-W^ST OP, 18 NeGLWENCE. �The failure of an attorney to bring to, or exercise in, the discharge of his duties such knowledge or such degree of diligence, care, and prudence, would be negligence. �5. Same— Negligence— Damages— Whbn Recovehable, �To authorize a recovery in damages against an attorney for negli- gence, not only the negligence must be established, but it must also be shown that the damage claimed was the resuit of such negligence. �Demurrer to Petition. �John F. Follctt, for plaintiff. �Bateman & Harper and H. C. Whitman, for defendant. �Swing, D. J. The petition avers substantially that in the year 1870 the plaintiff, at the special instance and request of the defendant, had retained and employed the defendant as an attorney and counseller at law, for certain fees and rewards to said defendant, to prosecute and conduct and manage a certain action to be commenced in the court of common pleas within and for the county of Miami, in the state of Ohio, and to prosecute, conduct, and manage said lawauit through the different courts to which it might be taken, by appeal or otherwise, until the final termination thereof, and the said defendant then and there accepted and entered upon said retainer and employment; said action to be brought by the said plaintiff against Daniel Brown, Eliza H. Brown, et al. The nature and object of said action was as foUows : That at the October tei-m of the court of common pleas of Coshocton county, Ohio, for 1869, Thomas Moore and Thomas Dix, partners, recovered a judgment against Daniel Brown, Albert Christy, and Alexander H. Spangler, the plaintiff, on a certain promissory note, whereon the said Daniel Brown was liable as principal, and the said Albert Cliristy and plaintiff were liable as sureties only of the said Daniel Brown ; that on the thirtieth of November, 1869, execution was issued upon s^id judgment to the sheriff of Miami county against the said Daniel Brown, which was af terwards returned, indorsed: "Eeceived this writ December 4, 1869, and deliv- ered the same to M. A. Evans, my suçcessor, January 3, 1870 ;" which was afterwards returned, on the fourth of Janu- ary, 1870, indorsed, "No goods or chattels, landa ortenements. ����