the sheriff, under the original retainer; that he was not bound to continue the process of execution, when a sale of property could be effected only by giving his own indemnity bond; that having taken judgment on the delivery bond and issued execution, he was discharged from further proceedings, unless it could be shown that he knew of property out of which the money could be made; that an attorney is'liable only where he is guilty of lata culpa or crassa negligentia, and is justified in not proceeding (unless specially directed) in cases where he is influenced by a prudent regard to the interest of the creditor. Evans vs. Watrons, 2 Port. 205. Mardis ad. vs. Shackleford, 4 Ala. 493. Palmer & Southmayd vs. Ashley & Ringo, 3 Ark. 75. Pitt vs. Yalden, 4 Burr. 2061. Williams vs. Reed, 3 Mason 405. 2 Stark. 82. Barker vs. Chandless, 3 Camp. 17. Lynch vs. Comm., use, &c., 16 Serg. & R. 368. Jackson vs. Bartlett, 8 J. R. 161. Kellogg vs. Gilbert, 10 J. R. 220. Gorham vs. Gale, 7 Cond. R. 789. 1 Sm. & Mar. Rep. 248. Dearborn vs. Dearborn, 15 Mass. Rep. 315. Crooker vs. Hutchinson & Cushman, 2 Chip. (Vt.) Rep. 117.
Mr. Justice SCOTT delivered the opinion of the Court.
This case is presented on bill of exceptions to the overruling of a motion for a new trial. It as an action against an attorney at law for negligence, alleging that thereby a claim placed in his hands for collection was lost. The jury found for the defendant and there was judgment accordingly.
Reasonable diligence and skill constitute the measure of an attorneys engagement with his client. He is liable only for gross negligence or gross ignorance in the performance of his professional duties; and this is a question of fact to be determined by the jury, and is sometimes to be ascertained by the evidence of those who are conversant with and skilled in the same kind of business, (as the cases of Russell vs. Palmer, 2 Wil. 325, and of Godfrey vs. Dalton, 6 Bing. 460.) These doctrines are sustained by all the authorities with unanimity and distinctness. 4 Burr.
