Phillips v. Sherburne

Appellate Court of Illinois

Phillips v. Sherburne

30 Ill. App. 327, 1888 Ill. App. LEXIS 287

DecidedMarch 13, 1889

StatusPublished

This text of 30 Ill. App. 327 (Phillips v. Sherburne) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Phillips v. Sherburne, 30 Ill. App. 327, 1888 Ill. App. LEXIS 287 (Ill. Ct. App. 1889).

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Opinion

Gary, J.

This is another of the cases in which intervening petitioners have been allowed claims against a fund in court, paid in by the commissioners of the South Park for the use of appellant.

It is conceded that the only question in it not decided in other cases, is upon the withdrawal by the appellee from the prosecution and defense of the eases of the appellant, the claim being for attorney fees. Upon the evidence, it was a question whether that was a voluntary withdrawal or an acceptance of a previous discharge, with a preponderance of the testimony in favor of the latter view. The appellant had assigned $3,000 of the fund to the appellee to secure his fees, and could not take away that security by discharging him.

The case of Morgan v. Roberts, 38 Ill. 65, is not parallel.

Decree affirmed.

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Gary, J.

This is another of the cases in which intervening petitioners have been allowed claims against a fund in court, paid in by the commissioners of the South Park for the use of appellant.

It is conceded that the only question in it not decided in other cases, is upon the withdrawal by the appellee from the prosecution and defense of the eases of the appellant, the claim being for attorney fees. Upon the evidence, it was a question whether that was a voluntary withdrawal or an acceptance of a previous discharge, with a preponderance of the testimony in favor of the latter view. The appellant had assigned $3,000 of the fund to the appellee to secure his fees, and could not take away that security by discharging him.

The case of Morgan v. Roberts, 38 Ill. 65, is not parallel.

Decree affirmed.

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Bluebook (online)

30 Ill. App. 327, 1888 Ill. App. LEXIS 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-sherburne-illappct-1889.

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