Rankin v. M'Dowell

Judge Mills

delivered the opinion,

The present plaintiff in error brought an ejectment in the court below, and was nonsuited. In the execution which issued for costs, the clerk taxed an attorney’s fee of ten dollars. The plaintiff moved the court below to correct this taxation by directing a credit for at least half the fee taxed. The court overruled the motion; and to that decision this writ of error is prosecuted.

It would, perhaps, be difficult to find a question in our code, dependant on statutory provisions alone, more involved in difficulty and doubt than the question, what attorney’s fee…