Adams's Assignee v. Roller

Decided July 1, 1872

Texas Supreme Court · decided 1872-07-01

Error from Freestone. Tried below before the Hon. J. M. Thurman. In this case it was agreed between the plaintiff’s attorney and the attorneys for the defendant, that the plaintiff Roller should take judgment by default against the defendant Adams for $7000, with stay of execution for four years. The judgment was not to draw interest, and was to be secured by alien on certain described lands belonging to the defendant Adams. This is the only material fact.

Cited by 1 later decisions — most recently June 1940

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1872-07-01

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Evans, P. J.

¶1The only question we are called upon to notice, and which is decisive of the cause, is whether it is within the scope of the power of an attorney at law *712to compromise the interest of his client by confessing judgment, with a stay of execution, and giving a lien upon land embracing the homestead.

¶2It seems to be well settled that an attorney cannot compromise his client’s cause without his consent. (See 2 Tucker’s Com., p.—; Holker v. Parker, 7 Branch, 436.)

¶3The judgment is reversed and the cause remanded.

¶4Reversed and remanded.