Legal Opinion
Michigan Millers Mut. Fire Ins. v. Grange Oil Co.
Court of Appeals for the Ninth Circuit
Decided June 23, 1949No. 12114PublishedCited by 1 opinion
1Per curiam
Appellee has moved this court for an allowance of attorneys’ fees pursuant to 5 Ore. Code, Supp. 1935, § 46-134. This court has construed that statute as authorizing an allowance of an attorney’s fee by us. Plorwitz v. New York Life Insurance Co., 9 Cir., 80 F.2d 295.
Two conditions are specified in the statute which must occur before attorneys’ fees may be allowed by an appellate court:
1. Allowance of attorneys’ fees by the trial court; and
2. Affirmance of the judgment by the appellate court. American Surety Co. of New York v. Fischer Warehouse Co. et al., 9 Cir., 88 F.2d 536. The trial court…
2Cases cited3 opinions
- Horwitz v. New York Life Ins. Co.Court of Appeals for the Ninth Circuit · 1935
- Michigan Millers Mut. Fire Ins. v. Grange Oil Co.Court of Appeals for the Ninth Circuit · 1949
- American Surety Co. of New York v. Fischer Warehouse Co.Court of Appeals for the Ninth Circuit · 1937
3Cited by1 opinion
- New York Life Insurance Company, a Corporation v. Arthur L. Lee and Florence Grusenmeyer, Formerly Florence LeeCourt of Appeals for the Ninth Circuit · 1956