71 Iowa 231 | Iowa | 1887
I. The facts involved in this case are as follows: J. Y. Farwell & Co., G-. Becker, and another fq-m, brought actions by attachment in the district court of Jones
N. A. Sunburg, claiming to own the goods seized in Jones county, brought an action against the sheriff to recover the value thereof. Farwell & Co. were finally substituted as defendants. N. A. Sunburg and F. B. Ohlquest, who claimed to own the goods seized in Linn county, brought an action for their value against the sheriff of that county, in which Farwell & Co., Becker, and other attaching creditors, were substituted as defendants. It thus appears that separate suits, one in Jones and the other in Linn county, having different parties both as defendants and plaintiffs, were pending for the recovery of the valúe of the goods which had been seized and sold upon the attachments, and the avails thereof appropriated to the satisfaction of Farwell & Co.’s and Becker’s judgments. The issues in these cases involved the question whether the goods were the property of the Ohlquests, and whether the sales by them to the plaintiffs iii ■these suits were valid or fraudulent, and therefore void. Herrick & Doxsee and E. Keeler were the attorneys for Far-well & Co., Becker, and some other attaching creditors, both in the attachment suits and in the actions against the parties brought to recover the value of the goods. The litigation in the suits last named was protracted and strongly contested
II. It is undoubtedly true that an attorney cannot consent to a judgment against his client, or waive any cause of action or defense in the case; neither can he settle or compromise it without special authority. But he is, by his general employment, authorized to do all acts necessary or incidental to the prosecution or defense which pertain to the remedy pursued. The choice of proceedings, the manner of trial, and the like, are all within the sphere of his general authority, and, as to these matters, his client is bound by his action. These rules are conceded by counsel in this case. It cannot be doubted that under them counsel fo» parties in several suits, involving the same issues, may, in the exercise of their general authority, consent to the consolidation of all for trial, or stipulate that the trial of one shall determine the others. This pertains to the remedy pursued, — to the manner of trial, — and is not an agreement for judgment or
We need pursue the case no-further. The familiar and undisputed principles we have stated, applied to the admitted facts in the case, demand that the judgment of tbe district court be
Affirmed.