Legal Opinion

Huddleston v. Coffman

Supreme Court of Arkansas

Decided April 26, 1909PublishedCited by 12 opinions

Appeal from Greene Circuit Court; Frank Smith, Judge; 1. The act provides for an appeal from the particular questions therein set forth, but does not provide for an appeal from the allowance of attorney’s fees. Kirby’s Dig. § 1428. Only those matters enumerated as appealable in the statute may be appealed.

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Appeal from Greene Circuit Court; Frank Smith, Judge; 1. The act provides for an appeal from the particular questions therein set forth, but does not provide for an appeal from the allowance of attorney’s fees. Kirby’s Dig. § 1428. Only those matters enumerated as appealable in the statute may be appealed. “Bxpressio unitus est exclusió alterius” applies. 45 Ark. 524; 20 Ark. 410; 38 Ark. 205; 34 Ark. 663; 1 Ark. 201; 62 Ark. 595; 99 U. S. 582; 25 L. Ed. 331. ■2. The allowance of attorney’s fees is by the act wholly vested in the sound discretion of the county court. It is therefore not…

1Opinion of the CourtHart, J.

Appellants, at an adjourned term of the county court of Greene County in April, 1908, filed an application for attorney’s fees, which is as follows: “Come Johnson & Burr and Huddleston & Taylor, the heretofore duly appointed, attorneys of record for Eight Mile Drainage District No. Two, and move the court to make to them an allowance fo'r reasonable attorney’s fees as attorneys for said district aforesaid, and in the fixing of said fee they ask that the court hear oral evidence as to what would be a reasonable attorney’s fee in said cause, and for all other proper and needful relief.”

Upon…

2Cases cited3 opinions

  1. Lee County v. RobertsonSupreme Court of Arkansas · 1898
  2. Mills v. SandersonSupreme Court of Arkansas · 1900
  3. Phillips County v. Lee CountySupreme Court of Arkansas · 1879

3Cited by12 opinions

  1. Missouri Pacific Railroad v. Conway County Bridge DistrictSupreme Court of Arkansas · 1918
  2. House v. Road Improvement District No. 2Supreme Court of Arkansas · 1923
  3. Price v. EdmondsSupreme Court of Arkansas · 1959
  4. McMahan v. RubleSupreme Court of Arkansas · 1918
  5. Taylor v. WallaceSupreme Court of Arkansas · 1920

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