United States Supreme Court Cases & Opinions

U.S. Supreme Court

Newman v. Moyers, 253 U.S. 182 (1920)

Newman v. Moyers

No. 85

Argued March 11, 1920

Decided May 17, 1920

253 U.S. 182

Syllabus

Section 4 of the Omnibus Claims Act of March 4, 1915, c. 140, 38 Stat. 962, limiting the amount of fees collectible by attorneys in respect of the claims therein appropriated for, is valid. P. 253 U. S. 185. Calhoun v. Massie, ante, 253 U. S. 170.

A suit by attorneys against their client and Treasury officials to enforce a contract for fees made unlawful by an act of Congress is an attempt to use the court for an illegal purpose, and should be dismissed by the court, sua sponte if necessary, and it is immaterial whether the Treasury officials or the government have any interest entitling them to appeal. Pp. 253 U. S. 184-185.

Page 253 U. S. 183

In a suit by attorney against their client and Treasury officials to enforce a contract for fees made unlawful by an act of Congress, wherein the client failed to prosecute her appeal to this Court from a decree against her, held that this Court might open the record and reverse the decree or dismiss the appeal for want of prosecution, leaving the court below free to take appropriate action to prevent itself from being used as an instrument of illegality. P. 253 U. S. 185.

47 App.D.C. 102 reversed in part; appeal of Newman, administratrix, dismissed for want of prosecution.

The case is stated in the opinion.