An Essay on Professional Ethics: Second EditionSharswood, George
Philosophy
An Essay on Professional Ethics: Second Edition
Sharswood, George
Legal ethics -- United States
[54] Evans _v._ Ellis, 5 Denio, 640; Newman _v._ Payne, 2 Ves. 199;
Walmsley _v._ Booth, 3 Atk. 25; Montesquieu _v._ Sandys, 18 Ves. 313.
The doctrine has been fully followed in this country; Stockton _v._
Ford, 11 How. U. S. 247; Starr _v._ Vanderheyden, 9 Johns. 253; Howell
_v._ Ransom, 11 Paige, 538; De Rose _v._ Fay, 4 Edw. Ch. 40; Lewis _v._
J. A., Ibid. 599; Berrien _v._ McLane, 1 Hoffman, Ch. Rep. 424; Miles
_v._ Ervin, 1 McCord, Ch. Rep. 524; Rose _v._ Mynell, 7 Yerger, 30; Bibb
_v._ Smith, 1 Dana, 482; Smith _v._ Thompson's Heirs, 7 B. Monroe, 308;
Jennings _v._ McConnel, 17 Illinois, 148.
An agreement made by a client with his counsel, after the latter had
been employed in a particular business, by which the original contract
is varied, and greater compensation is secured to the counsel than may
have been agreed upon when first retained, is invalid and cannot be
enforced. Lecatt _v._ Sallee, 3 Porter, 115.
[55] In Foss's Grandeur of the Law, eighty-two existing peerages are
stated to have sprung from the law. That was in 1843.
[56] Non merum, si ob hanc facultatem homines saepe etiam non nobiles
consulatum consecuti sunt: praesertim cum haec eadem res plurimas gratias,
firmissimas amicitias, maxima studia pariat. Cic. pro Muraena.
[57] Vivit, vivetque per omnium saeculorum memoriam. Dumque hoc vel forte
vel providentia vel utcunque constitutum rerum naturae corpus, quod ille
paene solus Romanorum animo vidit, ingenio complexus est, eloquentia
illuminavit, manebit incolume: comitem aevi sui laudem Ciceronis trahet;
omnisque posteritas illius in te scripta mirabitur, tuum in eum factum
execrabitur: citiusque in mundo genus hominum, quam cadet. Vell. Patere.
L. 2.
[58] Sir William Jones adds to his other claims upon our admiration
that of a decided partiality to the character and fortunes of our
American Republics. "The sum of my opinion is," says he, "that while all
the American people understand the modern art of war, and learn
jurisprudence by serving in rotation upon grand and petit juries, their
liberty is secure, and they will certainly flourish most when their
public affairs are best administered by their Senate and Councils. I
cannot think a monarchy or an oligarchy _stronger_ in substance,
whatever they may be in appearance, than a popular government.... I
shall not die in peace without visiting your United States for a few
months before the close of the eighteenth century. May I find wisdom and
goodness in your Senate, arms and judicature, which are power, in your
commons, and the blessings of wealth and peace equally distributed among
all." 2 Wynne's Eunomus, 359, note.
[59] Note at p. 47.
[60] Note at p. 75.
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