Page:Federal Reporter, 1st Series, Volume 5.djvu/898

 886 PEDBBAL BEPOBTEB. �the management and conducting his said action, the plaintiff was in the supreme court nonsuited, whereby he wa« and bas been hindered and prevented from recovering bis claim from said Daniel Brown, but is likely to lose the same. Said Brown, at the time of the commencement of the action, was and still is totally insolvent; and the real estate which the plaintiff sought by said action to subject to the payment of his claim being amply sufficient in value to have paid in fuU said claim, with costs. �The plaintiff says he bas been compelled to pay costs expended in said action on the twenty-fourth of June, A. D. 1876, $128; and on the seventeenth day of June, 1875, at the request of the defendant, he advanced to him the sum of $75, as defendant represented, for the purpose of paying costs and charges of prosecuting said case in the supreme court; and the plaintiff ineurred other large expenaes and costs in the prosecution of said case, whereby the plaintiff hath sustained damages in the sum of $4,000. Whereupon the plaintiff prays judgment against the defendant for said sum of $4,000, his damages se as aforesaid sustained, and for ail proper relief. To the petition the defendant interposed a general demurrer. �The first question which presents itself for consideration is the contract between the parties as stated in the petition. Generally, the cOntract was that the defendant, in his pro- fessionalcharacter as a lawyer, for a sufficient consideration from the plaintiff, undertook toinstitute andconducfc for him the suit in the petition described. It may be a question whethef, without condition, this service was to extend to ail the courts. The allegations of the petition are that he was "to proaecute, conduct, and : manage said lawsuit through the different courts to which it might be taken, by appeal or otherwise, until the final determination thereof." Whether this imposed upon the defendant the duty of taking the case to ail the courts to which by law it could be by appeal or other- wise taken, or to the performance of the professional duty relating to said case in such court, if the plaintiff should take or direct the case to be taken to said court, may admit ����