Barnett v. Jayne

Decided October 19, 1885

Mississippi Supreme Court · decided 1885-10-19

This suit was brought by Bucks & Jayne, attorneys, against A. and Jacob Barnett for legal services. Bucks died and the suit was revived in the name of J. M¡ Jayne, the survivor. An itemized account was filed with plaintiff’s declaration and tbe only items in controversy were one for $400' for legal services in relation to some land that belonged to A. Barnett and a charge of $5 for drawing up an agreement.

Reversed and remanded, · Decided 1885-10-19

¶1Opinion.

Campbell, J.:

¶2There was no objection in the court 'below to the instructions, and, therefore, that made here for the first time, cannot prevail.

¶3The verdict is manifestly wrong, as to the appellant, and should have been set aside. By the testimony of the appellee himself, he had no claim on the appellant for the $400- item of the account, or the $5 item. A. Barnett, and not the appellant, employed Bucks & Jayne to defend the suit at Oxford and to bring the chancery suit in Sunflower, and to draw the agreement for which the sum of $5 was charged. Mr. Jayne says, that after the compromise of the suit, J. Barnett mentioned them to him, but that was after the services were rendered.

¶4Reversed and remanded.