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267 U.S. 540

Yeiser v. Dysart

Supreme Court of the United States

Submitted October 24, 1924.

Decided April 13, 1925.

Supreme Court of the United States · decided 1925-04-13

Yeiser v. Dysart, 267 U.S. 540 (1925), was a United States Supreme Court case in which the Court held that a state may attach such conditions to a law license regarding whatever matters it believes to be necessary in order to make it a public good.

Source: Wikipedia ↗

2 counsel of record

Key passage — most relied on by later courts

“improvident contracts, in the interest not only of themselves and their families but of the public.”

quoted by 3 later decisions, including Kay v. United States, United States Department of Labor v. Triplett

“only such sum could be demanded for services in bringing a suit under the workers' compensation act as the court should allow, and a contract for other and further pay was void.”

quoted by 2 later decisions, including Kaiman v. MERCY MIDLANDS MED. & DENTAL PLAN, 403 So. 2d 1043 - Khoury v. Carvel Homes South, Inc.

Relies on Adkins v. Children's Hospital of the District of Columbia Same · Chas. Wolff Packing Co. v. Court of Industrial Relations · Calhoun v. Massie

Good law ✅— No negative treatment on recordhow we know

Affirmed · 9–0 · Decided 1925-04-13

How this case has been cited

Cited by 117 later decisions (16 by the Supreme Court) — most recently December 2005 · most notably Nebbia v. People of State of New York (1934), West Coast Hotel Co. v. Parrish (1937)

14 federal appellate · 5 district · 74 state decisions — followed in 21 states

300192519301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1.."ERROR TO THE SUPREME COURT OP THE STATE OP NEBRASKA.

¶2A State may restrict the fees chargeable by attorneys at law in cases arising under the state workmen’s compensation act without depriving them of property or liberty of contract in violation of the Fourteenth Amendment. P. 541.

¶3.192 N. W. 953, affirmed.

¶4Error to a judgment of the Supreme Court of Nebraska ordering that the right of the plaintiff in error to practise as attorney at law be suspended unless he refund to a client a fee received and paid in violation of a provision of the state workmen’s compensation law, providing that in cases thereunder the pay of the attorney, should be fixed by the court and invalidating any contract for other and further pay. .

¶5John O. Yeiser, piro se.

¶6No brief filed for defendants in error.

¶7Mr. Justice Holmes

¶8delivered the opinion of the Court.

¶9Upon a report of the respondents, a committee of members of the bar, the plaintiff in error was ordered to be suspended. from the right .to practise, as attorney unless "he should refund to a client a fee. received by him of $620 and interest within a time fixed.' The ground of the order was that by § 3031, Comp. St. 1922, only such sum could be demanded for services in bringing a suit under the workmen’s compensation act of the State as the Court *541should allow, and that a contract for other and further pay was void. The Supreme Court of the State, while crediting the plaintiff in error with an honest belief that the statute had a narrower meaning, made the order complained of, and the case is brought hepe on a contention that the statute as construed unreasonably restricts the liberty of contract and contravenes the Fourteenth Amendment by depriving the plaintiff in error of his liberty and property without due process of law · Case Law">due process of law.

¶10The plaintiff in error recognizes that this Court is bound by the construction given to the State law by the State Court, yet wastes a good deal of . argument in the effort to prove the construction wrong. When the con-, stitutional' question is reached, late cases are relied upon ;for the general proposition that unreasonable interference with freedom of contract cannot be sustained. Adkins v. Children’s Hospital, 261 U. S. 525; Charles Wolff Packing Co. v. Court of Industrial Relations, 262 U. S. 522. But the question is specific, whether wé can pronounce this law unreasonable, against the opinion of the legislature and Supreme Court of the State. The Court adverts to .the fact that a large proportion of those who come under the statute-have to look to it in case of injury and need to be protected against improvident contracts, in the interest npt only of themselves and their families but of the public. A somewhat similar principle has been sanctioned by this Court. Calhoun v. Massie, 253 U. S. 170. When we add the considerations that an attorney practises under a license from the State and that the subject matter is a right created by.statute, it is obvious that the Sta-te may attach such conditions to the license in respect of such matters as it believes to be necessary in order to make it a public good. Of course a reasonable time from the issue of the mandate of this Court will be^ allowed for the plaintiff in error to comply with the judgment affirmed.

¶11Judgment Affirmed.

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