Cannon v. Parker
Court of Appeals for the Fifth Circuit
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
- Sprague v. Ticonic National BankSupreme Court of the United States · 1939
- Trustees v. GreenoughSupreme Court of the United States · 1882
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Missouri State Life Insurance v. JonesSupreme Court of the United States · 1933
- People of Sioux County v. National Surety Co.Supreme Court of the United States · 1928
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