Legal Opinion

Rapp v. Spring Valley Gold Co.

California Supreme Court

Decided January 25, 1888No. 12370PublishedCited by 25 opinions

Appeal from a judgment of the Superior Court of Butte County, and from an order refusing' a hew trial. The facts, are stated in the opinion.

1Opinion of the Court

Hayne, C.

Action to foreclose a mechanic’s lien. Judgment for plaintiffs was entered upon a stipulation. The sole question is whether the plaintiffs should have been allowed an attorney’s fee.

1. The first position of the appellants is, that the stip^ ulation waived the attorney’s fee. The material portion of the stipulation is as follows: “ Plaintiffs shall reduce their claims to judgment in the following manner: Said Gregory, in conjunction with Mr. N. S. Walker, Jr., vice-president of the company, shall immediately, or as soon as they can, ascertain and fix. 'the amount due to each of the…

2Cases cited4 opinions

  1. In re the Estate of DoyleCalifornia Supreme Court · 1887
  2. Bank of Woodland v. TreadwellCalifornia Supreme Court · 1880
  3. Bonds v. HickmanCalifornia Supreme Court · 1866
  4. Carriere v. MinturnCalifornia Supreme Court · 1855

3Cited by25 opinions

  1. Folsom v. Butte County Assn. of GovernmentsCalifornia Supreme Court · 1982
  2. City of Los Angeles v. AbbottCalifornia Court of Appeal · 1933
  3. Smith v. Faris-Kesl Construction Co.Idaho Supreme Court · 1915
  4. Pacific Mutual Life Insurance Co. v. FisherCalifornia Supreme Court · 1895
  5. Mulcahy v. BuckleyCalifornia Supreme Court · 1893

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