264. Report of criminal returns. 203; 22 G. A., ch. 82, § 40; 24 G. A., ch. 41. The clerk of the district court is required to report to the secretary of state, on or before the first Monday in November of each year, the number of convictions for all crimes and misdemeanors in that court in his county for the year preceding; and such report shall show the character of the offense and the sentence of punishment; the occupation of the convict, whether he can read and write, his general habits, and also the expenses of the county for criminal prosecutions during the year, including, but distinguishing, the compensation of the district [county] attorney. [R., § 349; C., 51, § 148.] [As amended, in regard to the time for making report.] The printing of abstracts on appeal in criminal cases, prepared by the county attorney, should be paid for by the state, and may be 270. Associate counsel. In a proper case, the court may permit an attorney to assist in the prosecution of an indictment, without regard to the fees charged, even though he may not be employed by the supervisors, and is not a deputy of the county attorney: State v. Shinner, 76-147. This section does not prohibit a prosecuting 'witness or party complaining from employing counsel, with the approval of the court and county attorney, to assist in the prosecution of a criminal case, and in the absence of such prohibition the rule is the same as that in force before its enactment: State v. Shreves, 81-615. The right of the board of supervisors to employ counsel on behalf of the county does not depend upon the consent of the county attorney nor upon his willingness or ability to 272. No other compensation. This section does not create a limitation upon the compensation to be paid county attorneys, and such attorney is entitled to the attorney's fees taxed in an injunction suit 277. Salary. Where the salary of a county attorney was fixed at one-half the amount he should receive under a mistake as to the fees he would receive in criminal cases, and the board of supervisors, at a subsequent meeting, increased allowed and paid by the executive council upon application: State v. Billings, 81-566. appear for the county: Taylor County v. Standley, 79-666. The board of supervisors does not have an absolute discretion as to the compensation to be allowed associate counsel, and after the claim has been presented the attorney entitled to compensation is not under obligation to accept the amount allowed, but may resort to the courts for determination of the question as to how much he is entitled to receive: Stone v. Marion County, 78–14. Where the attorney selected agrees to render specified services for an agreed compensation, and afterwards performs services in excess of what he was required to do by the agreement or of a character not required by it, he will be entitled to recover for such extra services: Ibid. brought by him to abate a nuisance in the illegal sale of intoxicating liquors, in addition to his other compensation as county attorney: Farr v. Seaward, 82-221. the salary, held that, the salary of the county attorney having been fixed according to the provisions of this section, it could not be increased during his term of office: Goetzman v. Whitaker, 81-527. CHAPTER 9. ATTORNEYS AND COUNSELORS. 289. Duties; liability; compensation. The law governing the conduct of attorneys is well defined and requires the utmost good faith: Prouty v. Bullard, 77-42. Where an attorney, having connection with property as representing the plaintiff in the foreclosure of a mortgage thereon, advised his client as to the amount necessary to pay the taxes for the last year then due thereon, provided they would be paid by a certain time, and subsequently one of them took by assignment a certificate of sale of the land for prior taxes, as to which they had not advised their client, held, that by such assignment the partner became trustee for his client, and could not transfer such tax title free from the trust: Lynn v. Morse, 76–665. An attorney cannot purchase, as against the interest of his client, a judgment, the enforcement of which he was employed to defeat; but where the clients were husband and wife, and the husband's land was about to be sold to satisfy a judgment against him, and the attorney bought the judgment, under an agreement with the husband that he should hold it as security for the repayment of the money, and that it should be the first lien on the premises, and a mechanic's lien suit by the wife against her husband, which was pending, should be dismissed, held, that the transaction was valid, and the money not being repaid as agreed, nor the lien dismissed, the attorney was authorized to take execution on the judgment assigned to him, and to purchase the premises, and the title thus obtained should be superior to the title obtained by the wife under a foreclosure of the mechanic's lien: Baker v. First Nat. Bank, 77-615. Improper conduct of attorneys in appearing for a party in the case after having been consulted by other parties in the same case is not a ground for reversing the action of the lower court on appeal: Shoemake v. Smith, 80-655. A decision under the provisions of § 4120, authorizing a summary determination, on motion, of the liability of an attorney for money collected, constitutes an adjudication, and a discharge of the attorney in such proceeding will bar subsequent action by the client, to collect the money in controversy: Hawk v. Evans, 76-593. In an action against an attorney on an express promise to pay for the conversion of a note left with him for collection, held, that plaintiff could not recover on an implied promise growing out of defendant's tort: Aultman v. Goldsmith, 51 N. W. R., 43. Where an attorney undertook to prosecute an appeal but failed to take the steps necessary, and the appeal was dismissed by motion in the supreme court and the printing fee taxed to the client, held, that the client might recover damages from the attorney for negligence: Jamison v. Weaver, 81-212. Also held, that failure of the client to furnish the money necessary to pay the expenses incident to the appeal was not an excuse if it appeared that the client was ready to pay any amount necessary and was not advised by the attorney that any payment was required: Ibid. The costs taxed in the supreme court under such circumstances must be regarded as the direct result of the negligence of the attorney. While costs of the appeal might have been taxed to the appellant even had the appeal been properly prosecuted, yet, such a result would have been a different one from that occasioned by failure to prosecute the appeal: Ibid. Where an attorney performs legal services for a client with the knowledge and consent of such client, who receives the benefit thereof without objection, the attorney will be entitled to recover the reasonable value of such services without regard to a contract therefor between such client and another by virtue of which such services are to be rendered, unless such agreement was known to the attorney before rendering the services: Hudspeth v. Yetzer, 78-11. Therefore where defendant had a contract with plaintiff's father by which legal services were to be rendered by plaintiff and his father, and compensation was to be made therefor by indorsement of credits upon notes held by defendant against plaintiff's father, held, that in the absence of proof that plaintiff had knowledge of such contract he could recover from defendant the reasonable price of such services thus rendered by him: Ibid. A law does not imply liability of the husband to attorney's fees for services rendered to the wife in a divorce proceeding brought by her in which she is unsuccessful and which was not necessary for her protection: Sherwin v. Maben, 78-467. 291. Power; authority; agreement. Where an attorney of two defendants accepted service of notice addressed to him as attorney of both, signing himself only as attorney for one, held, that the acceptance was binding as to both: Walker v. Abbey, 77–702. The court is not required to accept an administrator's bond with an attorney as surety: Cuppy v. Coffman, 82-214. Where the same attorneys represented two parties plaintiff, one of them being the party who originally brought the suit and the other being a defendant who, on motion, had been made co-plaintiff, and a notice of appeal directed to the original plaintiff, or his attorneys, naming them, was accepted by such attorneys as attorneys for plaintiff, held, that such action on their part did not constitute acceptance of service of notice by the coplaintiff: Goodwin v. Hilliard, 76-555. Held, that an agreement by an attorney waiving the right to appeal was authorized: In re Heath's Will, 48 N. W. R., 1037. An attorney may compromise a pending suit: Martin v. Capital Ins. Co., 52 N. W. R., 534. Agreements of attorneys not reduced to writing or made of record will not be considered: Taylor v. Chicago, M. & St. P. R. Co., 80-431. Affidavits of counsel as to oral agreements and understandings between them must be disregarded so far as they are in conflict: Hardin v. Iowa R. & Const. Co., 78-726. An oral agreement by counsel, that a case shall be submitted upon appeal on appellant's 293. Lien. Two classes of liens are recognized at common law in favor of attorneys, namely, a retaining lien and a charging lien. A party owing money is not bound by a charging lien, unless notified thereof. This section of the statute is a substantial enactment of the common law in this respect, and adds nothing abstract, and transcript waived, cannot be established by affidavits of appellant's attorneys: Riegelman v. Todd, 77-696. The supreme court will not act upon a statement of counsel as to the effect of an oral agreement as to introduction of depositions: Borland v. Chicago, M. & St. P. R. Co., 78–94. It is not competent to prove a disputed verbal agreement for the continuance of a cause made with an attorney, by the testimony of an adverse party or his attorney, but it may be proven as against a party by the testimony of his attorney who made it: Council Bluffs L. & T. Co. v. Jennings, 81-470. The only evidence receivable to show a contract by an attorney in regard to the submission of a case binding upon his client is his written agreement or an entry of record: Searles v. Lux, 52 N. W. R., 327. thereto except the provision as to giving notice on the judgment docket. No such notice having been given at the time of the assignment of the judgment, the lien does not attach to the judgment as against the assignee: Jennings v. Bacon, 51 N. W. R., 15. 319. Drawing. While the provisions of the law in regard to the mode of obtaining jurors are directory, yet the drawing should be in substantial conformity to the provisions of the law; and where the officer in selecting the grand jury, instead of putting the requisite number of names copied from the list into a box, placed therein as many envelopes as there were townships in the county, each envelope containing the names returned from that township, and drew twelve of such envelopes 321. Summoning grand jurors. Grand jurors are not summoned except for the first term of the year in which they are required to serve, and may at subsequent (twelve being the proper number of names to be drawn in that county, from which the grand jury should be selected), and thereafter drew one name from those contained in each envelope (thus securing the twelve persons from whom the grand jury were to be selected from different townships), held, that the drawing was irregular, and the indictment found by the grand jury thus selected should be set aside on motion: State v. Beckey, 79-368. terms be required to appear, and may lawfully transact business, on the first day of the term: State v. Standley, 76–215. CHAPTER 13. COMMISSIONERS IN OTHER STATES. 357. Compensation. This rule as to fees of commissioners does in another state: McNider v. Sinine, 51 N. W. not apply to other officers taking depositions R., 170. TITLE IV. COUNTY, TOWNSHIP, TOWN AND CITY GOVERNMENT. 366. Organization. CHAPTER 1. COUNTIES. Courts will take judicial notice of the or- 72-831; Pitts v. Lewis, 81-51; Ellsworth v. ganization of counties: Hilliard v. Griffin, Nelson, 81–57. 372. Submission of question of changing county seat. The action of the board on a petition presented cannot be prevented by injunction: Luce v. Fensler, 52 N. W. R., 517. 376, 377. Funding bonded indebtedness. [By 23 G. A., ch. 26, and 24 G. A., ch. 16, the provisions of these sections are extended to indebtedness existing on the 1st day of April, 1892.] 383. Refunding indebtedness of counties, cities and towns. [By 24 G. A., ch. 17, the provisions of this section as amended are extended to any bonded indebtedness outstanding at the time of the passage of the act, which was approved March 25, 1892.] See Etna L. Ins. Co. v. Lyon County, 44 Fed. R., 329. 400. Special meetings. CHAPTER 2. BOARD OF SUPERVISORS. Six days' notice to each member of the board of supervisors of a special meeting is not required when it is personally served, but only when it is left at his residence; and one week's notice is not necessary when it is given by publication, but only when such notice is posted, in cases where no newspaper is published: Supervisors v. Horton, 75-271. Where certain members of the board of supervisors were present at a special meeting and protested against the validity of the meeting, but subsequently participated in the meeting, held, that they were estopped from after wards questioning the sufficiency of the notice: Ibid. 402. Powers. A county is not liable for the cost of printing abstracts for appeal in criminal cases, whether prepared by the county attorney or the attorney-general, and the same should not be allowed by the board of supervisors, but they should be paid by the state upon an allowance by the executive council: State v. Billings, 81566. One who has been confined in the county jail cannot recover damages against the county by reason of the fact that the jail was kept in an unhealthy, filthy, unventilated and Where notice is by publication, it is not a necessary condition to a legal meeting that each subscriber receive a copy of the paper containing the notice: Ibid. Where a board of supervisors at a regular meeting ordered the construction of a bridge. and appointed a committee to contract for the same, but at a subsequent special meeting rescinded the order and entire action in regard to the bridge, held, that they had a right to reconsider their action at the special meeting. and the committee appointed to contract for the building of the bridge had acquired no rights which they could urge against such action: Ibid. improper condition: Lindley v. Polk County. 50 N. W. R., 975. The board cannot make a valid contract with the county treasurer to allow him a per cent. of interest and penalties on delinquent personal property taxes, for their collection Such a contract is contrary to public policy: Adams County v. Hunter, 78-328. Knowledge and acquiescence by a majority of the members of the board, in a contract which the board might make, does not give rise to either an express or implied contract. |