Swift v. Bd. of Com'rs of Hennepin Cnty.
| Decision Date | 09 May 1899 |
| Citation | 76 Minn. 194,78 N.W. 1107 |
| Parties | SWIFT v. BOARD OF COM'RS OF HENNEPIN COUNTY. |
| Court | Minnesota Supreme Court |
OPINION TEXT STARTS HERE
Appeal from district court, Hennepin county; David F. Simpson, Judge.
Action by Joseph B. Swift against the board of commissioners of Hennepin county. Demurrer to the complaint was overruled, and defendant appeals. Reversed.
The county held a mortgage, and foreclosed the same under the power. The county attorney conducted the foreclosure proceedings, and the county charged, as a part of the costs of foreclosure, the attorney's fee provided for in the mortgage in case of foreclosure. The county attorney receives a stated yearly compensation fixed by statute. In an action brought by one claiming under the mortgagor to recover the amount of this attorney's fee, held, the county is entitled to be indemnified for a due and proper portion of this salary by charging the same as an attorney's fee for making the foreclosure, and plaintiff cannot recover. Jas. A. Peterson and Louis A. Reed, Co. Atty., for appellant.
Smith & Smith, for respondent.
One Farley, being indebted to Hennepin county, in this state, in the sum of $45,935, to secure the payment thereof made to the county a mortgage on certain real estate situated in the county. The mortgage was duly recorded. Subsequently, there being a default in the mortgage, it was foreclosed under the power of sale therein contained, and on the sale the mortgaged premises were bid in by the county for the sum of $24,332.61, that being the full amount due, and the costs of foreclosure, including $200 attorney's fees. The mortgage contained a stipulation for the payment of $200 attorney's fees in case of foreclosure, and the county applied that amount of its bid in payment of such fees. This action is brought by a subsequent incumbrancer to recover the $200, and the complaint, besides alleging the above facts, alleges further: ‘The attorney who foreclosed said mortgage for the defendant was then the legally acting county attorney for said Hennepin county, and in the foreclosure of said mortgage was in all things acting in his official capacity as the duly elected and authorized attorney for said county, and that the foreclosure of said mortgage was a part of the official duties of said attorney who foreclosed said mortgage, and that his pay therefor was included in his salary as such county attorney, fixed by law, and that he was not entitled to receive any...
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Nelson v. Smith
... ... See Swift v. Board of County Commissioners , ... 76 Minn. 194, 78 N.W. 1107. But ... ...
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Rockett v. Texas State Bd. of Medical Examiners
...out of his salary and do not exceed what is actually paid to him or result in any profit to the employer. See Swift v. Board of County Commissioners, 76 Minn. 194, 78 N.W. 1107. But neither a corporation nor a layman, not admitted to practice, can practice law, nor indirectly practice law b......
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State v. Claypool
... ... while engaged in the enforcement of this action. Swift v ... Board of Com'rs of Hennepin County, 76 Minn. 194, 78 ... ...
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In re Otterness
...out of his salary and do not exceed what is actually paid to him or result in any profit to the employer. See Swift v. Board of County Commissioners, 76 Minn. 194, 78 N. W. 1107. But neither a corporation nor a layman, not admitted to practice, can practice law, nor indirectly practice law ......