Legal Opinion

Lawton v. Perry

Supreme Court of South Carolina

Decided October 10, 1895PublishedCited by 5 opinions

Before Witherspoon, J., Mount Pleasant. Action by James M. Lawton, as administrator de bonis non of James M. Lawton, deceased, against W. H. Perry and others, to subject lands of decedent in the hands of his heirs to the payment of his debts. This appeal is from the order of Judge Witherspoon, denying the right of plaintiff to have his attorney’s fees paid out of the common fund.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chief Justice McIver.

This case had been before this Court once before (40 S. C., 255), and its general nature may be ascertained from the case as there reported. All of the other issues having been determined, the only question remaining is as to the counsel .fee of plaintiff’s attorney. When the previous judgment of this Court was remitted to *320the Circuit Court, an order was granted by his Honor, Judge Townsend, on the 27th March, 1894, which contained, amongst other things, the following: “That the master do further take testimony and report a…

2Cited by5 opinions

  1. Buell v. Kanawha Lumber Corp.District Court, E.D. South Carolina · 1912
  2. Dunlap & Dunlap v. ZimmermanSupreme Court of South Carolina · 1938
  3. Crown Central Petroleum Corp. v. Elmwood PropertiesSupreme Court of South Carolina · 1964
  4. Sarratt v. Gaffney City Carpet Manufacturing Co.Supreme Court of South Carolina · 1907
  5. Doddridge County Oil & Gas Co. v. SmithU.S. Circuit Court for the District of Northern West Virginia · 1909

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