Gwin v. Fountain

ON SUGGESTION OF ERROR.

After a protracted consideration of the suggestion of error, we have reached the conclusion that we were in error in holding, in the former opinion (126 So. 18), that the proof offered by the appellant on the question of notice to, and knowledge of, Fountain, as to the amount of the fee claimed, and knowledge of the allowance of the fee at the time it was allowed, and the proof of the reasonableness of the fee so allowed, were insufficient, if believed to be true, to sustain the allowance of the fee in the former decree rendered. The conflict in the evidence should be…