Mordecai v. Devereux
Supreme Court of North Carolina
This was a PetitioN lor an allowance for attornies’ fees, filed in this court at the present term. The petitioners, Merrimon, Fuller & Ashe, and Moore & Gatling, alleged: That Moore & Gatling appearing in behalf of the creditors of the late Thomas P. Devereux, the plaintiffs in this action instituted the action in the Superior Court of Halifax county, on the 25th day of January, 1870, praying to have the defendants, the only heirs at law of Thos. P..
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This was a PetitioN lor an allowance for attornies’ fees, filed in this court at the present term. The petitioners, Merrimon, Fuller & Ashe, and Moore & Gatling, alleged: That Moore & Gatling appearing in behalf of the creditors of the late Thomas P. Devereux, the plaintiffs in this action instituted the action in the Superior Court of Halifax county, on the 25th day of January, 1870, praying to have the defendants, the only heirs at law of Thos. P.. Devereux, decreed to execute certain trusts in favor of the creditors of their ancestor, declared in a deed of settlement executed by the late…
1Opinion of the Court
PeaRSON, 0. J.
The question is decided. Patterson, v. Miller, 72 N. C. Rep. 516. This, court has -never interfered between attorney and client in making allowances for professional services, and we are not inclined át this late day to assume the power to do, so. We make allowance to a Clerk for stating an account or to a commissioner for making sales, on the ground that the' work" is done by order of tlnfcourt. Rut we have never supposed that we .could be called on to settle fees between client an'd attorney, although there be a fund in the.keeping of tire court.
Pee CueiaM. Petition dismissed.
2Cases cited1 opinion
- Patterson v. . Miller, Adm'r. C.Supreme Court of North Carolina · 1875
3Cited by15 opinions
- Casket Co. v. . WheelerSupreme Court of North Carolina · 1921
- City of Durham v. DavisSupreme Court of North Carolina · 1916
- Parker v. Mecklenburg Realty & InsuranceSupreme Court of North Carolina · 1928
- High Point Casket Co. v. WheelerSupreme Court of North Carolina · 1921
- In Re Will of HowellSupreme Court of North Carolina · 1933
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