Oklahoma Reports; Cases Determined in the Supreme Court of the State of Oklahoma Volume 55-56

Oklahoma Reports; Cases Determined in the Supreme Court of the State of Oklahoma Volume 55-56

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt: ...no charge against her for such services, and did not intend to charge her for said services. It is most manifest on this evidence that plaintiff sustained no damage whatever by reason of the employment of an attorney to dissolve the injunction, and that any recovery in that behalf would either be net gain and profit to her, or would inure to the benefit of the attorney. who, having rendered his services gratuitously, has no claim thereto, and who advances, and, not being a party to this action, could advance no claim thereto even if he had any such claim. The court erred, therefore, in glvinsz the charge requested by plaintiff which authorized a verdict for nttorne_v's fees." 747 It will be seen from a consideration of the foregoing authorities that in order for the defendants in error to recover upon the injunction bond sued on for the expenses claimed in their petition. they must establish by the evidence that they either paid or incurred a fixed and existing liability for such expenses. This the evidence in this case does not disclose. it appears from the evidence of defendants in error. and is admitted in their brief, that the expenses and attorney's fees sued for were paid by the school district. It also appears that the school district at the same time. and by two of the same warrants, paid the attorney who represented defendants in error in the injunction suit for fees and expenses in a mandamus suit. the nature of which does not appear from the record. So that from the evidence of defendants in error it is clear that they did not pay or incur any liability for attorney's fees or expenses in connection with the injunction suit; therefore the evidence was insufficient to support a verdict in favor of defendants in error...show more

Product details

  • Paperback | 342 pages
  • 189 x 246 x 18mm | 612g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123677891X
  • 9781236778918