Forsee v. McGuire
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) The court erred in allowing and taxing the fee in this case in favor of James F. Pitt, respondent’s attorney. There was no contract between the plaintiff and her counsel as to the amount of the fee, neither was there any stipulation filed and signed by the parties to the suit, authorizing the court to fix the fee.
Read the full summary
Appeal from Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) The court erred in allowing and taxing the fee in this case in favor of James F. Pitt, respondent’s attorney. There was no contract between the plaintiff and her counsel as to the amount of the fee, neither was there any stipulation filed and signed by the parties to the suit, authorizing the court to fix the fee. It was necessary for plaintiff’s counsel to show either a contract made with his client, fixing the amount of his fee, or to file a stipulation signed by the parties to be charged with the fee, authorizing the…
1Opinion of the CourtEllison, J.
Plaintiff employed Mr. Pitt as her attorney to bring a suit in the circuit court of Buchanan county for the partition of certain real estate valued at about eighty thousand dollars. She agreed with him in writing that the court should fix his fee therein. Plaintiff owned one-fourth and the defendants three-fourths of the land. After partition was adjudged the circuit court heard evidence on the value of plaintiff’s services and allowed a fee of $1,500 to be taxed as costs in the case. Defendants appealed on the ground that the court was without power to allow the fee, and that conceding the…
2Cases cited1 opinion
- Lucas Bank v. KingSupreme Court of Missouri · 1881
3Cited by7 opinions
- Bell v. BellSupreme Court of Alabama · 1926
- Haley v. HorwitzMissouri Court of Appeals · 1956
- Mabry v. MuddNebraska Supreme Court · 1937
- Liles v. LilesMissouri Court of Appeals · 1906
- Connor Realty Co. v. St. Louis Union Trust Co.Missouri Court of Appeals · 1913
2 more not listed; retrieve them via the Exa API.