Judges: BUFORD, J. —
Attorneys: C. L. McKaig, for Plaintiff in Error;
Frank Redd, for Defendant in Error.
Filed: Apr. 16, 1934
Latest Update: Mar. 02, 2020
Summary: In this case judgment was entered on a note for the sum of $1,000.00, together with $276.73, interest and also $227.66 as attorney's fees. The judgment for attorney's fees, as shown by certificate of the judge, was based upon an affidavit in the following language: "STATE OF FLORIDA, "COUNTY OF SARASOTA. "Before me, the undersigned authority, a Notary Public in and for the State of Florida at Large, personally came on this 30 day of August, A.D. 1933, J. Irvin Walden, who being by me first duly
Summary: In this case judgment was entered on a note for the sum of $1,000.00, together with $276.73, interest and also $227.66 as attorney's fees. The judgment for attorney's fees, as shown by certificate of the judge, was based upon an affidavit in the following language: "STATE OF FLORIDA, "COUNTY OF SARASOTA. "Before me, the undersigned authority, a Notary Public in and for the State of Florida at Large, personally came on this 30 day of August, A.D. 1933, J. Irvin Walden, who being by me first duly s..
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I concur in the opinion solely because I consider I am irrevocably bound by several earlier decisions which have now become the settled law of this State. But I cannot refrain from expressing my inability to understand the legal consistency of our rule which so completely ignores confessed allegations of a declaration alleging in terms an agreement to pay an attorney's fee, a default, the bringing of a suit and a claim for the fee agreed to, all of which is legally admitted and confessed on the face of the record by the adjudicated default. Just why an attorney whose name is signed to a declaration on a note should have to make oath that he is not rendering his services in the cause to the plaintiff gratis in order for plaintiff to recover his attorney's fee indemnity is to my understanding incomprehensible.
