Legal Opinion

McKelvy's & Sterrett's Appeals

Supreme Court of Pennsylvania

Decided March 9, 1885PublishedCited by 36 opinions

Appeals from the Court of Common Pleas of Crawford County: Of January Term, 1885, Nos. 150 and 151. Appeals of David MeKelvy and W. B. Sterrett, from a decree of the said court, dismissing exceptions to an Auditor’s report and awarding the sum of $800 to be paid out of a fund in court to S. T. Neill, as attorney of W. B. Sterrett.

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Appeals from the Court of Common Pleas of Crawford County: Of January Term, 1885, Nos. 150 and 151. Appeals of David MeKelvy and W. B. Sterrett, from a decree of the said court, dismissing exceptions to an Auditor’s report and awarding the sum of $800 to be paid out of a fund in court to S. T. Neill, as attorney of W. B. Sterrett. The facts, as they appeared before the Auditor, (H. L Richmond, Jr., Esq.) were as follows: In 1870, a copartnership under the name of the Producers and Manufacturers Bank, was formed for the purpose of doing a banking business in the City of Titusville, with a…

1Opinion of the CourtJustice Paxson

The issue asked for was properly denied. A Court of Equity has little need to call in the aid of a jury to fix the compensation of an attorney for professional services. In Daly v. Maitland, 7 Norris, 384, it was decided that where a mortgage contamed an agreement for an attorney fee, it was the province of the court to decide whether the amount claimed was reasonable. The same rule was followed in Imler v. Imler, 13 Norris, 372, and other later cases. The claim here was upon a fund raised in a Court of Equity, and within its actual control. It was for services connected with that fund. The…

2Cited by36 opinions

  1. Crawford's EstateSupreme Court of Pennsylvania · 1931
  2. Harris's AppealSupreme Court of Pennsylvania · 1936
  3. Recht v. Clairton Urban Redevelopment AuthoritySupreme Court of Pennsylvania · 1961
  4. Laplacca v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1919
  5. Almi, Inc. v. Dick Corp.Commonwealth Court of Pennsylvania · 1977

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