62 N.H. 350 | N.H. | 1882
The decision of a judge of probate regularly made upon matters within his jurisdiction is conclusive. Bryant v. Allen,
The determination of the petition for the removal of Butler did not necessarily involve the question of his accountability in this action. Upon petition, a guardian may be removed whenever in the opinion of the judge it may be necessary or expedient. G. L., c. 184, s. 5. The judge may have been of the opinion that Butler ought to account for the whole fine, and yet not have deemed it necessary or expedient to remove him.
Butler was bound to act judiciously and for the best interest of his wards. Wyman's Appeal,
The contract of the attorney with Dominique was, in effect, to prosecute a suit in which he had no previous interest, for persons who had no means to pay for his services, and receive as compensation all that might be recovered not in excess of $1,000, regardless of labor, expense, or time bestowed. Agreements of this kind are contrary to public justice and professional duty, tend to extortion and fraud, and are champertous and void. Ackert v. Barker,
Decree of probate court modified.
All concurred.