Legal Opinion · Dissent

Cannon v. Parker

Court of Appeals for the Fifth Circuit

Decided December 19, 1945No. 11382Published

1DissentWaller, Circuit Judge

Attorneys’ fees are taxable as costs only:(1) When there is a contract providing for the payment of attorneys’ fees;(2) When there is a statute providing for the payment of attorneys’ fees; or(3) When a litigant, as a result of a suit, has preserved the assets of a debtor for the creditors or otherwise benefited the creditors to the extent that equity should require that the assets be charged with a portion of the costs and expenses of the litigation that conferred such benefits.

“In the absence of a valid and applicable statute, agreement, or stipulation expressly authorizing the allowance or…

2Cases cited14 opinions

  1. Sprague v. Ticonic National BankSupreme Court of the United States · 1939
  2. Trustees v. GreenoughSupreme Court of the United States · 1882
  3. Oelrichs v. SpainSupreme Court of the United States · 1872
  4. Missouri State Life Insurance v. JonesSupreme Court of the United States · 1933
  5. People of Sioux County v. National Surety Co.Supreme Court of the United States · 1928

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