Schenck v. Lathrop

By the Court, Bronson, J.

An attorney's fee has been allowed, although the attorney did.not attend the trial or the argument of the cause. But this was done on the ground that the attorney, as such, never tries or argues a case, and the fee for those services was supposed to be given for preparing the cause for trial or argument. (Wilson v. White, 2 Wend. 265 ; Lamb v. Coe, 19 id. 127.) The revised statutes give a counsel fee (i for the trial of a cause before a jury,” &c. “ or attending prepared for such trial.” (2 R. S. 632, § 17.) And a counsel fee was allowed, although the cause was not…