Smith v. Kroeger, Supt.

There is but one question raised by the record in this case, i. e., did the trial court have the power to make an allowance of fees to plaintiff’s attorneys payable out of the fund recovered? The answer to this question will depend upon whether or not the instant case was a class suit, and if a class suit, was the action taken within the powers of a court of equity?

Section 11257, General Code, provides: “When the question is one of common or general interest of many persons, or the parties are very numerous, and [it] is impracticable to bring them all before the court, one or more may sue or…