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Fayette Missi Jan 18th 1860
M. A. Banks Esq
Dear Sir:
Yours of Decr 2nd has been forwarded to me from Monticello.
I brought the suit against Floyd. You desired to file a bill for specific performance after an examination of the authorities, I decided against it. You then consulted with Harper and he sustained my opinion. After a thorough investigation, for it was a doubtful question, I arrived at the conclusion that you could sustain an action for damages, and brought the writ. I remember the declaration well, for it cost me a considerable amount of labor, for it was lengthy & difficult to draw. When I went to Smith court, you told me to speak and N. & C. to assist me. I did so & stated the case to them. They did nothing in the matter, except probably a consultation. I have no recollection of remitting my fee. You told me to dismiss the suit, if the admit would pay the cost and assigned as the reason that the money would come from the widow & children or something to this effect. But if your recollection is, that I remitted the fee, I acquiesce, but I assure you that that case cost me several days labor, partly because I was inexperienced, no doubt, but it was then a new question. It has since been settled by the High Court. See George R. I.
The fee is the Cox case will not pay me for my actual trouble. The claim was doubtful, disputed, & was litigated. It was represented by
Object Description
| Rating | |
| Title | Letter to M. A. Banks |
| Description | Letter to M. A. Banks from H. F. Johnson in Fayette, Mississippi, requesting payment for legal services he provided. |
| Digital ID# | 20-257 |
| Physical ID | 20-257 |
| Object Type | Letter |
| Creator | Johnson, H. F. |
| Subject | Lawyers--Fees--Mississippi. |
| Geographic location | Fayette (Miss.) |
| Date (original) | 1860-01-18 |
| Time period | 1860-1869 |
| Original Collection | Williams (Daniel) Papers |
| Publisher | Mississippi State University Libraries (electronic version). |
| Rights | Copyright protected by Mississippi State University Libraries. Use of materials from this collection beyond the exceptions provided for in the Fair Use and Educational Use clauses of the U.S. Copyright Law may violate federal law. Permission to publish or reproduce is required. |
| Format (original) |
2-page letter 32 x 19.7 cm. |
| Format (digital) | 200 dpi JPEG image |
| Repository | Manuscripts Division, Special Collections Department, Mississippi State University Libraries. |
| Location of Original | Williams (Daniel) Papers/Box 1/Lawyers letter setting forth fee, 1860 |
| Related materials | A digitization project sponsored by the Consortium for the History of Agricultural and Rural Mississippi (CHARM). |
| Language | en |
| Contact information | For more information send email to sp_coll@library.msstate.edu or call 662-325-7679. |
| facet format | correspondence |
| Transcript | Fayette Missi Jan 18th 1860 M. A. Banks Esq Dear Sir: Yours of Decr 2nd has been forwarded to me from Monticello. I brought the suit against Floyd. You desired to file a bill for specific performance after an examination of the authorities, I decided against it. You then consulted with Harper and he sustained my opinion. After a thorough investigation, for it was a doubtful question, I arrived at the conclusion that you could sustain an action for damages, and brought the writ. I remember the declaration well, for it cost me a considerable amount of labor, for it was lengthy & difficult to draw. When I went to Smith court, you told me to speak and N. & C. to assist me. I did so & stated the case to them. They did nothing in the matter, except probably a consultation. I have no recollection of remitting my fee. You told me to dismiss the suit, if the admit would pay the cost and assigned as the reason that the money would come from the widow & children or something to this effect. But if your recollection is, that I remitted the fee, I acquiesce, but I assure you that that case cost me several days labor, partly because I was inexperienced, no doubt, but it was then a new question. It has since been settled by the High Court. See George R. I. The fee is the Cox case will not pay me for my actual trouble. The claim was doubtful, disputed, & was litigated. It was represented by [page 2] you as admit of Dr , to be of that character that it ought to be sold. It cost you but two or three dollars-not exceeding five. The execution was returned "nulla bona". I found out that Keegan & Frilick were indebted to him. I made the affidavit required by the statute. Writs of garnishment were issued-continued once-had to take judgement visi against Frilick & have sci. fa. issued, finally got final judgement, & collected the money. It was a case I had to watch closely from the beginning to the end. I repeat it. $15.00 will not pay me for my actual trouble. But I don't see how you make the balance $16.75. I copied the ac't hurriedly, & may have made some mistake. The ac't stands on my book, as follows. Floyd case--$10. Cox case-10, garnishment 5. Foxworth case-10. Bonner & Massie case 10. Seminary case 10. Paid Tift for you $40. Sinclair note $40. int. 2.20 to date of transfer. Foote case, $15-total $132.20. I made no charges in the case against James Powin-The precep was never served. The credits are, vied from Keegan, garnishee, with [tear] --worth of Copiah Co, 21.50-from Frilick, garnishee $28.78-total $91.78-balance due me $60.42. I see I omitted your account of $24.75, which would reduce it, after deducting $15, to about the balance you state. I recollect the settlement we had very well. You placed claims in my hands, and you owed me a small amount on that ac't. I owed you & Dyr. a small store bill, about $18. according to my recollection. It may have been more or less. We settled in what is now Hurst store at the Desk. You will find the settlement in your books, & I think nowhere [page 3] else. I kept no memorandum of it. There was a small matter due me, not included in it, and there was a balance of 2$ or 3$ due you on the account, & we struck off even. But a few dollars should make no difference between us. You have my statement, and pay just what you think is right. Pay it to Mr Fenn as I presume he will be receiving other money for me. I know not when I will train Westville-probably at cir. court. I am very pleasantly situated in Fayette-in a neat parsonage, well furnished. Tell Douglass to send me a bill of side-- [tear] so I can enter the proper credit on his n-- [tear] have rec'd it in good order. My respects to inquiring [tear] I am respectfully Your friend & ob't srvt H. F. Johnson [front] M. A. Banks Esqr Westville Simpson Co Missi |
| Collection Title | Daniel Williams family papers |
Description
| Digital ID# | 20-257-p01.jpg |
| Physical ID | 20- |
| Original Collection | Williams (Daniel) Papers |
| Publisher | Mississippi State University Libraries (electronic version). |
| Rights | Copyright protected by Mississippi State University Libraries. Use of materials from this collection beyond the exceptions provided for in the Fair Use and Educational Use clauses of the U.S. Copyright Law may violate federal law. Permission to publish or reproduce is required. |
| Format (digital) | 200 dpi jpeg image |
| Repository | Manuscripts Division, Special Collections Department, Mississippi State University Libraries. |
| Location of Original | Daniel Williams Papers/Folder 20 |
| Related materials | A digitization project sponsored by the Consortium for the History of Agricultural and Rural Mississippi (CHARM). |
| Language | en |
| Contact information | For more information send email to sp_coll@library.msstate.edu or call 662-325-7679. |
| Transcript | Fayette Missi Jan 18th 1860 M. A. Banks Esq Dear Sir: Yours of Decr 2nd has been forwarded to me from Monticello. I brought the suit against Floyd. You desired to file a bill for specific performance after an examination of the authorities, I decided against it. You then consulted with Harper and he sustained my opinion. After a thorough investigation, for it was a doubtful question, I arrived at the conclusion that you could sustain an action for damages, and brought the writ. I remember the declaration well, for it cost me a considerable amount of labor, for it was lengthy & difficult to draw. When I went to Smith court, you told me to speak and N. & C. to assist me. I did so & stated the case to them. They did nothing in the matter, except probably a consultation. I have no recollection of remitting my fee. You told me to dismiss the suit, if the admit would pay the cost and assigned as the reason that the money would come from the widow & children or something to this effect. But if your recollection is, that I remitted the fee, I acquiesce, but I assure you that that case cost me several days labor, partly because I was inexperienced, no doubt, but it was then a new question. It has since been settled by the High Court. See George R. I. The fee is the Cox case will not pay me for my actual trouble. The claim was doubtful, disputed, & was litigated. It was represented by |
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