In re Stone
Supreme Court of North Carolina
This is a proceeding before the Clerk of the Superior Court of Wake County begun by R. W. Winston, J. Crawford Biggs, and Moses N. Amis to have an allowance of attorneys’ fees made to them for services rendered to Thomas S. Stone, a minor, in-a civil action entitled In re Stone, 173 N. C., 280. From the order of the clerk allowing the sum of $650, Mrs. Carey W. Stone appealed to the Superior Court.
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This is a proceeding before the Clerk of the Superior Court of Wake County begun by R. W. Winston, J. Crawford Biggs, and Moses N. Amis to have an allowance of attorneys’ fees made to them for services rendered to Thomas S. Stone, a minor, in-a civil action entitled In re Stone, 173 N. C., 280. From the order of the clerk allowing the sum of $650, Mrs. Carey W. Stone appealed to the Superior Court. The matter was heard by Stacy, J., at June Term, 1918, of Wake Superior Court, who made an order allowing counsel one thousand dollars and directing that Mrs. Stone pay said sum into court for…
1Dissent
Claek, O. J.,
dissenting: It appears from tbe record in tbis case tbat at no time has there been any fund in court. At no time has one cent of tbe $1,000 which tbe plaintiffs ask tbe court to order tbe guardian to pay them been in tbe control of any court or in tbe custody of any of its agents. ’ Tbis appears by tbe records of tbe proceeding. Tbe very motion by which tbe plaintiffs ask tbat tbe court appropriate $1,000 of tbe ward’s money for tbe payment of tbeir fees specifies tbat it is in tbe custody of tbe guardian (bis mother), and asks tbat she “be ordered to pay the same into court.”…
2Cases cited14 opinions
- Hoke v. . HendersonSupreme Court of North Carolina · 1833
- Mial v. Ellington.Supreme Court of North Carolina · 1903
- State Ex Rel. Whitford v. FoySupreme Court of North Carolina · 1871
- Mordecai v. DevereuxSupreme Court of North Carolina · 1876
- Patterson v. . Miller, Adm'r. C.Supreme Court of North Carolina · 1875
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