Kendrick v. Powell

(specially concurring).

I agree that the trial court properly disallowed the item of attorneys’ fees inserted .by defendants in their bill of costs. Section 9802, Revised Codes of 1935, enumerates and lists what a party to whom have been awarded costs, is entitled to include in his bill of costs. Attorneys’ fees are not among the items recognized or listed.

The suit is an ordinary civil action brought pursuant to the provisions of section 15 of Article III of the Constitution and of sections 1765 and 9955, Revised Codes.

In Hardware Mutual Cas. Co. v. Butler, 116 Mont. 73, 86, 148 Pac. (2d) 563,…