Padgett v. Smith
Supreme Court of Missouri
Motion to Tax Pee for Plaintiff’s Attorney. STATEMENT BY THE REPORTER. Suit was brought by Ervine P. Padgett, a minor, by her guardian, against James H. F. Smith, to establish a resulting trust in certain lands in the minor’s favor, and for partition of said lands between her and defendant.
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Motion to Tax Pee for Plaintiff’s Attorney. STATEMENT BY THE REPORTER. Suit was brought by Ervine P. Padgett, a minor, by her guardian, against James H. F. Smith, to establish a resulting trust in certain lands in the minor’s favor, and for partition of said lands between her and defendant. At the trial plaintiff prevailed, and the court rendered judgment establishing the trust and decreeing partition, and on the coming in of the commissioners’ report confirmed the same, and allowed plaintiff’s attorneys a fee of $350. Prom that final judgment" defendant appealed to the Supreme Court. The…
1Per curiam
We are of the opinion that the motion for allowance to plaintiff’s attorneys for compensation for services rendered by them in this court should be made in the circuit court that tried the cause, that that court has jurisdiction to hear evidence as to the nature and extent of the services and their reasonable value and to make a proper allowance therefor to be taxed as costs. This motion is, therefore, dismissed without prejudice to the rig’hts of the plaintiffs to file such a motion in the circuit court.
2Cited by5 opinions
- State Ex Rel. Williams v. DauesSupreme Court of Missouri · 1933
- Little v. St. Louis Trust Co.Missouri Court of Appeals · 1910
- Little v. St. Louis Union Trust Co.Supreme Court of Missouri · 1910
- Little v. St. Louis Trust Co.Missouri Court of Appeals · 1910
- State ex rel. Mount v. SmithMissouri Court of Appeals · 1913