Page:Federal Reporter, 1st Series, Volume 1.djvu/460

452 FEDERAL REPORTKK. �oifio contract — ^whioh I certainly do not think commendable — whereby these attomeys, (two in number,) should prosecute this extremely doubtful claim ; they to receive a certain por- tion of the proceeds, with full power to compromise as they should please. And they prosecuted under these doubtful circumstances, and finally compromised, and, having eom- promised, the defendant company has paid this money. It is contended that the attorneys thus compromisiug did an act which is void in itself, and that without the money paid being returned, to-wit, about $9,000, the compromise may be declared void, and execution be issued for the whole amount of the judgment. �I am not disposed to go into an examination of the author- ities, but merely state, for the purposes of the determination of this motion, that here express authority was given with regard to the matter; that this claim wafe very doubtful, and that in my judgment the compromise was rightly made. I heard the case three times, and in my opinion plaintifif would not have gotten a sixpence before the supreme court. I think that the attorney acted, so far as money considerations are concerned, very wisely. Should this entry be now set aside ? On what ground ? That the entry was made during a term of court on the record instead of in open court ? It so happens that there is no express statute of the United States as to entering satisfaction; but it is claimed that by analogy we might foUow the state statute, and if we follow that practice, this entering of satisfaction may be made in open court or in vacation, on the margin of the record. But if, on the facts stated, this entry is found to be void, the court would permit the party to appear in open court at this moment, merely to cure a technical error. �Now, the difficulty arises on the face of the contract. Under the old common law such a contract would not bave beeu per- mitted. I think it would be better if the old common law was retained with regard to it ; but such is not the law, unfortu- nately. Parties, at their own expense, may pursue a doubt- ful demand, and, when the resuit is accomplished, the contract is upheld. But it is said af^ain, tint t'ie original plaintiff ��� �