64 Tenn. 690 | Tenn. | 1875
delivered the opinion of the court.
The decretal order of the Chancellor in this case, •awarding compensation to the solicitor and guardian ad ■litem of the minor party defendant, must be reversed. " The facts are that Merrill sold a tract of land to Tullos Whitis, and at his request executed the bond for title to Jas. M. Whitis, a minor son of said Tullos Whitis, and the purchase money notes executed jointly by the father and son. These notes were assigned to the complainant House, who- filed his bill to enforce the vendor’s lien. The defendants Tullos and James Whitis answered, and in their answer insist that the •contract of sale was made with the minor defendant,
We are aware of no principle upon which this order can be sustained. There was no fund or prop-erty in the custody of the court which belonged to this minor defendant, and the effect of the order was to compel his adversary to pay his debt. It would have been otherwise if there had been a fund in ■ the 'control of the court belonging to the minor. In that «case it is lawful and proper to allow compensation out
The principle of the organic law which forbids the-demand of any man’s particular services without just compensation has no application to such a case. The-party claiming compensation must look to his own client, and not to his client’s adversary in such a case.
In the case of Wright v. The State, 3 Heis., 256, it was held that counsel assigned to defend a prisoner-who is unable to employ counsel are entitled to no-compensation from the State or county. The court has a right to command the services of counsel for persons unable to pay, in civil -, as well as criminal cases. Acts 1821, ch. 22, sec. 3, 1857, ch. 58, Code, sec.. 3980. Where a lawyer takes his license he takes it burthened with these honorary obligations. He is a sworn minister of justice, and when commanded by the-court cannot withhold his services in cases prosecuted in forma pavperis.
Let the order be reversed and the petition dismissed with costs.