Gordon v. Brackey

• Decision Date: 13 March 1909
• Citation: 143 Iowa 102,120 N.W. 83
• Court: Iowa Supreme Court
• Parties: GORDON & BELSHEIM v. BRACKEY ET AL.

143 Iowa 102

120 N.W. 83

GORDON & BELSHEIM

v.BRACKEY ET AL.^d1

Supreme Court of Iowa.

March 13, 1909.

Appeal from District Court, Winnebago County; C. H. Kelly, Judge.

Demurrer to plaintiff's petition having been overruled, the defendant Albert A. Brackey appeals. Reversed.L. A. Jensen, for appellant.

Oliver Gordon and G. H. Belsheim, pro se.

PER CURIAM.

The petition alleges that Albert A. Brackey and Turine Brackey are husband and wife; that, upon the employment of the latter, the plaintiffs, constituting a firm of practicing attorneys, began suit for her against her said husband for a divorce on the ground of cruel and inhuman treatment, endangering her life; that, in pursuance of their employment, they did institute such proceedings, prepare the necessary pleadings therein, secured the issuance of an attachment and levy thereof upon the husband's property, and performed other services in the prosecution of said action, when the said Turine Brackey, upon the solicitation and request of her husband and without the advice of her said attorneys, dismissed the action. Plaintiffs allege that they acted in good faith in bringing the suit; that they then believed and now charge the fact to be that their said client had a good cause of action therein, and a sufficient ground for a divorce from her husband; and that their services in her behalf were reasonably worth $200, for which they demand judgment against both husband and wife. To this petition the defendant Albert A. Brackey demurred because it fails to show any agreement or contract, express or implied, by which he became bound to pay for the services alleged to have been rendered at the request of his wife. The demurrer was overruled and, defendant refusing further to plead, judgment was entered against him, and he appeals.

There is some conflict in the abstracts as to the true state of the record concerning pleadings and judgment entry, but the appellees in argument concede the correctness of the foregoing statement. After consideration of the record and arguments of counsel, we think this case is clearly ruled against the plaintiff by the decisions in Sherwin v. Maben, 78 Iowa, 467, 43 N. W. 292;Wald v. Wald, 124 Iowa, 183, 99 N. W. 720;Stockman v. Whittemore, 118 N. W. 403. Appellees do not deny the general rule announced in the foregoing cases; but advance the proposition that, if the wife had in fact a good ground for the divorce for which she asked, her counsel may hold the...