Liles v. Liles
Missouri Court of Appeals
Appeal from Lincoln Circuit Court. — Hon. Houston W. Johnson, Judge. (1) There was no* contract between the plaintiff and his attorneys as to the amount of the fee, neither was there a stipulation signed and filed authorizing the court to fix the fee.
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Appeal from Lincoln Circuit Court. — Hon. Houston W. Johnson, Judge. (1) There was no* contract between the plaintiff and his attorneys as to the amount of the fee, neither was there a stipulation signed and filed authorizing the court to fix the fee. Before an attorney’s fee can be allowed and taxed as cost in the case it must be shown that a contract was made between the plaintiff and his attorneys fixing the amount of the fee or a stipulation signed and filed authorizing the court to fix the fee. Draper v. Draper, 29 Mo. 18; Bank v. King, 73 Mo. 591; Westmoreland v. Martin, 24 S. C. 238.…
1Opinion of the CourtGoode, J.
This appeal was taken from an order of the circuit court allowing a fee to the attorneys for the plaintiff. The proceeding is an action under the statute for the partition of land. The petition was filed. December 21, 1900. In view of one point to be decided, it is necessary to state the issues made by the pleadings. The petition alleges that the plaintiff owns three-fifteenths of the land.in controversy and the three defendants, David Liles, Daniel Liles and Robert W. Johnson, twelve-fifteenths, or four-fifteenths each; that the defendant, Anna J. Forgey, as the only legal heir of Nimrod…
2Cases cited14 opinions
- McMullen v. ReynoldsIllinois Supreme Court · 1904
- Kilgour v. CrawfordIllinois Supreme Court · 1869
- St. Clair v. MarquellIndiana Supreme Court · 1903
- Oliver v. LansingNebraska Supreme Court · 1899
- Bell v. ShafferIndiana Supreme Court · 1900
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3Cited by8 opinions
- Munday v. ThieleckeSupreme Court of Missouri · 1956
- Matthews v. LytleSupreme Court of Alabama · 1929
- Connor Realty Co. v. St. Louis Union Trust Co.Missouri Court of Appeals · 1913
- Michael v. SphierOregon Supreme Court · 1929
- Ernst v. ErnstMissouri Court of Appeals · 1915
3 more not listed; retrieve them via the Exa API.