93 P. 689 | Or. | 1908
On April 5, 1906, plaintiff commenced an action in the circuit court of Multnomah County against defendant to recover $500 alleged to be due for commission on sale of real estate. Issue was joined, and a trial had, resulting in a judgment in favor of plaintiff for the amount demanded. Defendant appealed to this court, pending the determination of which the parties, without knowledge of their respective attorneys, settled and compromised their differences, and on the 16th of January, 1907, plaintiff acknowledged full satisfaction of the judgment on the judgment lien docket, but the appeal has never been dismissed, and is now pending and undetermined. A few days after the acknowledgment of satisfaction, the court below, on motion of plaintiff’s attorneys, directed the clerk to cancel the same, from which order defendant appeals.
The original case of Wagner v. Goldschmidt having been settled by the parties, there remains no substantial controversy between them, and therefore this court will not proceed further with a consideration of the merits of the case, so far as their rights are concerned. The attorneys for Wagner, however, claim that they should be permitted to prosecute the appeal in the name of their client for the purpose of collecting their fees, and that the settlement made by the parties was in legal effect a fraud upon their rights.
It follows that the order of the court directing the clerk to cancel the satisfaction must be reversed; and it is so ordered. Reversed.