Page:Federal Reporter, 1st Series, Volume 7.djvu/575

 8TBWABI; ». HII/TO». 563 �conri has- entered att appearaiice here for thieplaintijEf. At the cffU of the docket at'this teirm th,e cpuneei for.the plain^ tiff first appearing answer and set the case for trial; the eounselllast.appeaiirig alsoawe^ejrg, and insists upon enter- ing a discootinuance. Upott ,thi6pdiffei;eoee between the counsel for therplaintiff the court bas heard them summa- rily, upou such proofs by affidarit as they hay.e been able to present, as tO which is entitled,,to control and dir^ct'about the case. The plaintiii tevs-lfeen, in person, in court, but has nqt aBsunied,r;to, the eowrtj controlr qi;:i direction of the case or of the attorneyjs w. such naanner as would warrant the court in actuig «pou bis; directions. From the proofs, it sufficientlyi for ^prescrit, purposes, appears,that the suit was brought upon an agreement between the plaintiff, his son Matthew Ste'waft.iand the attorneys bringing it aitd appear- ing in it, that -thei attorneys should have % perimanent lien upon thei (aaim and the iSijit for thein fees,! charges, and dis* bursements, aad' that thjei coiitrol and: management of the olaim abdi suit shoflldj be placed in the h'aod? of Matthew to secure the agreetoeait, andithata power of attorney irrevoca- ble/ with full power toi etnpl0y <)tther. attoiineyB, was made by himto Matthew iti^pursiiattceof that agre^iient; that the employment'of the attorneys has been contiimed by hinsi, and other considerable Uabilitieei and expenses incurred by hint and them, andvcharges have been made by them, none of which have beeoiipaad pr re-imbnrsed, or offered to be; that the plaintiff bas piade sowe agreement with the defendant by which, for. 8omel«utn of jnoQey,, a .part, of which has beei^, paidj.thestutwflts .tobe.discoiitinftedatithis.term, against the understood.fwishes of Mfttthew a»d,tb.^ attorneys; that the attorney l$.8tai]g)earing!'VYa^'effli(ployed tocarry outthis agreer meat with. thfl- defendant;, .ttiat>"the power of attor^npy. was formaliy;r^HQked,' Ekndinotiaf ofr-that faot and.the,employmenfr of ailother .attOfiJiey, giveiifi- !to the, atto^rneys» iftnd ■ they were diaehargedr!eOffft*,a(S byi such proceedings,, eut pf court and undei; the .eif&ujji^ances, ithey epuldiibie disoh«'rged. It is, alleged thtft jttee' plairitiff . lacks m^tal capacity for taking care of bis.arightS'tinxolYeiJj afld'ithat .th.e-cp^rta'should.guard ihis ��� �