Page:Phelps v. Patterson.pdf/1

Rh

Term 1867.]



Hon. L. L. M, Circuit Judge.

S & W, for appellants.

W & R, contra.

C, J.

This was an action of assumpsit for professional services, commenced by Patterson against Phelps & Jones, on the 23d of February, 1867.

The defendants pleaded non-assumpsit and the statute of limitations; to which pleas issues were regularly made up and submitted to a jury, who found for the plaintiff; and thereupon the defendants moved for a new trial, which was denied, and they appealed.

The evidence discloses the following facts. The suit in which the professional services were rendered was brought by Patterson, as attorney for Phelps & Jones, in May, 1861. In the month of July or August, next following, the suit was compromised and settled by the parties, without any participation by Patterson in the settlement. Soon thereafter an agent of Phelps & Jones—they being non-residents—applied to Patterson and instructed him to dismiss the suit, which he did not do until October, 1865. Why the suit was not dismissed at an earlier day is not shown, nor does it appear that any provision was made for payment of the attorney's fee, or the cost.

