Dow v. Beidelman
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. •J. W. Martin, Judge. On motion to tax attorney’s fees. For the facts and original opinion in this case, see ante, 325. The law allowing attorney’s fee is unconstitutional; it violates the guaranty in the Constitution of the United States and this State, that laws shall be equal and general in their operation. 65 Ala., igg; 60 Miss., 646. One fee only in the same case can be taxed.
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APPEAL from Pulaski Circuit Court. •J. W. Martin, Judge. On motion to tax attorney’s fees. For the facts and original opinion in this case, see ante, 325. The law allowing attorney’s fee is unconstitutional; it violates the guaranty in the Constitution of the United States and this State, that laws shall be equal and general in their operation. 65 Ala., igg; 60 Miss., 646. One fee only in the same case can be taxed. A fee was allowed appellee in the court below. 28 Ark., 566. Submits the question on his argument in St. L., I. M. & S. Ry. Co. v. Williams, citing only Acts of 1887, pp. 224 —…
1Opinion of the CourtSmith, J.
The act of April 4,1884, to regulate the rates of charges for the carriage of passengers by railroads, provides that for an overcharge beyond the maximum fixed by the act, the company or person operating the road shall forfeit and pay not less than $50, nor more than $300, and costs of suit, including a reasonable attorney’s fee, to be taxed by the court where the cause is heard on original action or by appeal, to be recovered by the party aggrieved in any court of competent jurisdiction.
The attorney’s fee is a part of the penalty imposed for the wilful violation of the provisions of the…
2Cases cited5 opinions
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- South & North Alabama Railroad v. MorrisSupreme Court of Alabama · 1880
- Peoria, Decatur & Evansville Railway Co. v. DugganIllinois Supreme Court · 1884
- Johnson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1882
3Cited by8 opinions
- Thompson v. Wise Boy Mining & Milling Co.Idaho Supreme Court · 1903
- Gano v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1901
- Engebretson v. GayCalifornia Supreme Court · 1910
- Liquidating Commissioners of the New Orleans Warehouse Co. v. MarreroSupreme Court of Louisiana · 1901
- Pyramid Land & Stock Co. v. PierceNevada Supreme Court · 1908
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