McDonough v. Lee

OPINION

Before NESBETT, C. J., and DIMOND and RABINOWITZ, JJ. RABINOWITZ, Justice.

Appellant seeks reversal of the superior court’s award of $32,126.17 in attorney’s fees to appellees as part of their costs.

The common law does not permit the recovery of attorney’s fees, as costs, from the opposing party. 1 Ordinarily such an item of litigation expense was disallowed in the absence of a statute or rule of court. Statutory authorization for the allowance of attorney’s fees in this jurisdiction is of relatively ancient origin. 2 Our earliest statute on this subject provided:

The measure and mode of…