Stover v. Johnnycake
Supreme Court of Kansas
Error from. Wyandotte District Court. On the 3d of May 1871 Johnny calce commenced an action to foreclose a mortgage executed to and in his favor by Elizabeth Stover and her husband.
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Error from. Wyandotte District Court. On the 3d of May 1871 Johnny calce commenced an action to foreclose a mortgage executed to and in his favor by Elizabeth Stover and her husband. At the October Term 1871 -of the district court, when said case was called for trial, the parties appeared and filed a written statement of facts, as follows: [Title.] “It is admitted and stipulated herein, that on the 6th day of October 1871 the defendants brought into court and tendered to plaintiff the full amount of principal and interest due plaintiff on the note and mortgage sued upon in the above entitled…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
Only one question is presented in this case. Can the court, in an action to foreclose a mortgage, render a judgment against the mortgagors for the fees of the attorney of the mortgagee, when there is no contract or stipulation in the mortgage, or elsewhere, requiting the payment of attorney’s fees? This question must-be-answered in the negative. A judgment for attorney’s fees, or counsel’s fees, for services rendered in the same case, is never allowed in an action on contract, unless stipidated for, or unless expressly authorized by…
2Cases cited4 opinions
- Fairbanks v. WitterWisconsin Supreme Court · 1864
- Tholen v. DuffySupreme Court of Kansas · 1871
- Kurtz v. SponableSupreme Court of Kansas · 1870
- Swartzel v. RogersSupreme Court of Kansas · 1866
3Cited by17 opinions
- Newton v. Hornblower, Inc.Supreme Court of Kansas · 1978
- Smith v. Mortgage & Debenture Co.Court of Appeals for the Fifth Circuit · 1900
- Armijo v. HenryNew Mexico Supreme Court · 1907
- Franklin Opera House Co. v. ArmstrongCourt of Appeals for the First Circuit · 1904
- Vonachen v. Pratt Glass Co.Supreme Court of Kansas · 1952
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