Freund v. Weisman

The complainants have secured a decree in this cause on a suit to foreclose, which included an allowance of counsel fee. The motion is made on the strength of the chancellor's very recent decision in Henn v. Heath, 101 N.J. Eq. 347. There, the bill was taken as confessed, and the complainant, a member of the bar, applied for a counsel fee to be included in the taxed bill of costs. Following Flaacke v. Jersey City, 33 N.J. Eq. 57, the chancellor refused to make any such allowance, upon the ground that a complainant who is a member of the bar is not entitled, either to the retaining fee or a…