Valley Oil Co. v. Ready
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; 1. The fees should not have been allowed or taxed against the funds of the oil company.
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Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; 1. The fees should not have been allowed or taxed against the funds of the oil company. This was an adversary suit, and the attorneys’ fees were not payable out of the fund. 76 Ark. 146; 105 Id. 440. 2. The fee is unreasonable. 1. The fee was properly allowed by the court against the fund. 76 Ark. 504; 95 Id. 389; 105 Id. 439. See also 158 Mass. 434; 90 Fed. 39; 87 Id. 810; 105 U. S. 527. 2. The evidence shows the fee a reasonable one. STATEMENT OE FACTS. The Valley Oil Company was a corporation doing business in this State,…
1Opinion of the Court
WOOD, J.,
(after stating the facts). In Bradshaw v. Bank of Little Rock, 76 Ark. 501, 504, we held: “When many persons have a common interest in a fund, and one of them, for the benefit of all, brings a suit for its preservation, and retains counsel at his own cost, a court of equity will order a reasonable amount to be paid to him out of the funds in the hands of the receiver in reimbursement of his outlay.” Citing cases. See, also, Federal Union Surety Co. v. Flemister, 95 Ark. 389.(1) Our statute authorizes any creditor or stockholder of any insolvent corporation to institute proceeding& in…
2Cases cited5 opinions
- Lilly v. Robinson Mercantile Co.Supreme Court of Arkansas · 1913
- Cowling v. NulsonSupreme Court of Arkansas · 1905
- Federal Union Surety Co. v. FlemisterSupreme Court of Arkansas · 1910
- Bradshaw v. Bank of Little RockSupreme Court of Arkansas · 1905
- Gardner v. McAuleySupreme Court of Arkansas · 1912
3Cited by11 opinions
- Brandon v. Arkansas Public Service CommissionCourt of Appeals of Arkansas · 1999
- Powell v. HenrySupreme Court of Arkansas · 1980
- White Black Rivers Bridge Company v. VaughanSupreme Court of Arkansas · 1931
- Marlin v. Marsh & MarshSupreme Court of Arkansas · 1934
- St. Paul Fire & Marine Insurance v. GreenSupreme Court of Arkansas · 1930
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