Humphries v. Cooper

• Decision Date: 28 October 1909
• Parties: HUMPHRIES et al. v. COPPER et al.
• Court: Washington Supreme Court

104 P. 606

55 Wash. 376

HUMPHRIES et al. v. COPPER et al.

Supreme Court of Washington, En Banc.

October 28, 1909

Appeal from Superior Court, King County; Wilson R. Gay, Judge.

Action by John E. Humphries and another, copartners doing business under the firm name of Humphries & Cole, against Della Cooper and another. Judgment for defendants, and plaintiffs appeal. Reversed and remanded.

John E Humphries and George B. Cole, for appellants.

William R. Bell, for respondents.

DUNBAR J.

This is an action brought by appellants against respondents to recover attorney's fees. The material averments of the complaint are: That the appellants are attorneys at law in King county, Wash.; that the respondents were husband and wife on the 28th day of October, 1908, at which date the defendant Della Cooper employed the appellants to bring suit for divorce against the respondent W. H. H Cooper, upon the grounds of cruel and inhuman treatment of the said Della Cooper by the said W. H. H. Cooper, setting forth in detail the cruel acts referred to; that on the said date, at the special instance and request of respondent Della Cooper, the appellants prepared a complaint, embodying the charges made by her against said W. H. H. Cooper, which complaint was duly verified by the said Della Cooper, and was regularly filed in the proper court; that the same was served upon the defendant; that the plaintiff in said action asked for temporary alimony, attorney's fees, and suit money that at the time of the commencement of said action the said Della Cooper was without means to employ counsel or prosecute said action against the defendant, and was wholly without means for her support and maintenance or suit money; that the defendant positively refused to furnish her money with which to support and maintain herself, avoided the service of process, and did everything in his power to prevent her from collecting off of him, by order of court, or otherwise, any money whatever; that at the time of the commencement of said action the defendant W. H. H. Cooper had property of the value of more than $20,000, and was doing a lucrative business; that said cause was set for trial April 1, 1909; that immediately prior to said date the respondents, for the purpose of cheating and defrauding appellants out of their attorney's fee, without any notice whatever to appellants, compromised, settled, and condoned the offenses set out in plaintiff's complaint, and signed a stipulation of dismissal of said cause, and went back to live together; that said cause was dismissed without consent of the appellants; alleging the value of their services. A demurrer was interposed to this complaint, to the effect that it did not state facts sufficient to constitute a cause of action against the defendants or either of them. The demurrer was sustained, and the appellants standing upon their complaint, judgment was entered in favor of respondents, and from such judgment this appeal was taken.

It is contended by the appellants that the statements made by this court, in its opinion in Hillman v. Hillman, 42 Wash. 595, 85 P. 61, 114 Am. St. Rep. 135, would logically lead to the...