170 Ga. 515 | Ga. | 1930
(After stating the foregoing facts.) The two cases stated above involve the same facts and the same questions of law, and are therefore decided as one case.
The agreement that this case should be dismissed in the happening of a certain contingency was made by Mr. Scott Candler, of counsel for Mrs. Corine Smith et al., the plaintiffs in the equitable suit against Stone Mountain Confederate Monumental Association. He was the attorney of record at the time the agreement was made. There is nothing to indicate that he was not the leading counsel and that he was not fully vested with all the authority that attorneys and counselors engaged in the conduct of a cause have to conduct the case and to make agreements and consent in regard thereto. Consequently, in making the agreement referred to as to the dismissal of the case, his clients were as fully and completely bound as parties to a case can be bound by a consent and agreement made by their counsel without having them join in the-consent and agreement. There are two questions involved here. The first is, are parties to a pending suit bound by the consent and agreement of their counsel ? And the second is, was that consent and agreement binding and enforceable, though it was not reduced to writing and rested in parol ?
While there may be some difference of opinion in the profession as to whether or not such an agreement and consent as that in
In view of what is said above, the judgment refusing to dismiss the case must be reversed. This ruling is applicable to both cases.
Judgments reversed.