Stoner v. Pickett

The only question which this case presents for our consideration is whether or not a stipulation for the payment of attorney’s fees, embodied in a promissory note dated September 19, 1896, is, under the act of December 12, 1900, amending section 3667 of the Civil Code (Acts of 1900, p. 53, Yan Epps’' *654Code Supp. § 6185), enforceable when an action is brought on the note and no defense thereto is filed. The trial judge decided this question in the negative, and in our judgment reached the right conclusion. The section of the code just cited, the provisions of which were of force at the time the…