Black Motor Co. v. Hill

PALMORE, Judge.

The petitioner, Black Motor Company (hereinafter called Black), brings this original action to compel the judge of the Harlan Circuit Court to enter an order directing the release of certain funds to it.

Following receipt of our affirming mandate in Albert v. Black Motor Company, Ky., 357 S.W.2d 714 (1962), the respondent entered an order on motion of Greene and Sutton, attorneys for Black (the successful litigant through a derivative action by certain of its stockholders) allowing them a fee equal to 40% of all sums actually recovered. Meanwhile Albert, the unsuccessful party,…