Page:Federal Reporter, 1st Series, Volume 9.djvu/703

688 PKDERAL REPORTER. �You are instructed to find a general verdict, and if this is for the plaintiff you will assess and find the damages the plaintiff will in suc h case be entitled to recover. �You will also, according to a form o£ verdict which the court will hand you, find specially upon each of the tracts of land where cutting is charged, though you will not be required to find separately the amount eut and converted from each, but simply whethcr or not the dcfendcnit lias eut and converted. �You wiil also find specially, as direeted, whether the cutting upon N. i S. E. \ and N. W. N. W. 22 was in good faith, under the belief that defendant had the right from being the owner to so eut. �Gentlemen, the further responsibility of the case lies with you. I am glad to know that you have given the utmo8t.heed to the testiiiionyj and to the discussion of it by counsel. It only remaing for you to give the case such further consideration as its nature and ixaoortance to the parties demand, and render a verdict which shall ao justice according to the law and evidence. �Verdict for the plaintiff, $2,000. �Bly V. U. S. 4 Dill. 464, accord. Bee Single v. Schneider, 30 Wis. 570. ���Leszynsky V. Merritt.* {Circuit Court, 8. D. New York. November 2, 1881.) �.. Attornet — Compensation fob Seevices — Lien. �frima facie an attorney has a lien for compensation on the papers in bis hands where he has rendered some services. �:. Same — Suit fob Compensation — Contraot. �The question whether there was such a contraot between an attorney and his client that the former, having giren up his employment, has no claim to be compensated, must be determined in a suit brought by the attorney to recover the compensation, the lien remaining in statu guo meanwhile. If suit be no* brought within a Hmited timei and diligently prosecuted, the court will order the papers to be given up. �. 8amb— Same— Samb. �Except by consent such a question cannot be determined by the court in u summary way. In re Paachal, 10 Wall. 433, cited and followed. �C. O. Patterson, for the motion. R. M. SJierman, opposed. �♦lieported by 8. Nelson White, Esq., of the New Tork bar. ��� �