Brooks v. Boyd

The plaintiff.in error, who was defendant in the court below, makes two complaints in his bill of exceptions. He laments the untimely death of his pleas at the hand of the executioner, — demurrer, and also protests that the imposition of attorney’s fees by the trial court in his ease places upon him a burden whose weight had not been determined by evidence, and which therefore was not authorized by law. After due inquiry into the merits of both complaints, it is our judgment that this" court can not restore the pleas to life, but-that it should cause a jury to inquire what weight of fees, if…