Odell & Kleiner v. Heinrich
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court, Northern District; W. B. Sorrells, Judge; 1. The offer of Odell & Kleiner did not contain any promise to pay the court costs and attorney’s fees in addition to the $1,400. . The telegram did not expressly nor impliedly show any such promise. The costs and fees were liens under the decree, and there could be no satisfaction of the decree until these liens are discharged.
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Appeal from Arkansas Circuit Court, Northern District; W. B. Sorrells, Judge; 1. The offer of Odell & Kleiner did not contain any promise to pay the court costs and attorney’s fees in addition to the $1,400. . The telegram did not expressly nor impliedly show any such promise. The costs and fees were liens under the decree, and there could be no satisfaction of the decree until these liens are discharged. Kirby & Castle’s Digest, §■§ 463, 5187, 5189; 135 Ark. 22. Under the offer there was no agreement to pay the costs and attorney’s fees. 61 Tenn. 141. The assignor of a decree impliedly…
1Opinion of the CourtMcCulloch, C. J.
Appellee obtained in the chancery court of Arkansas County two decrees for the foreclosure of vendor’s liens aggregating the sum of $2,-225.11, on certain tracts of real estate in that county. The liens were declared by the court to be in conjunction with other liens of like nature in favor of other claimants, all to be paid pro rata out of the proceeds of the sale ordered to be made by the commissioner. The cost of the foreclosure, including a fee for the commissioner and the expenses of advertising the sale, amounted to $142.70, and there was a fee of $140 due to the attorneys for appellee…
2Cases cited4 opinions
- Vick v. ShinnSupreme Court of Arkansas · 1886
- Satchfield v. Laconia Levee DistrictSupreme Court of Arkansas · 1905
- Tancred v. First National Bank of Fort SmithSupreme Court of Arkansas · 1917
- Shirey v. BeardSupreme Court of Arkansas · 1896
3Cited by3 opinions
- Turpin v. AntonioSupreme Court of Arkansas · 1922
- Craig v. FrauenthalSupreme Court of Arkansas · 1920
- Siloam Springs Ice Co. v. McCullochSupreme Court of Arkansas · 1941