Evans v. Diamond Alkali Co.

Opinion by

Mr. Justice Linn,

This appeal is from the refusal to order the Diamond Alkali Company to pay counsel fees to appellants.

Appellants were retained by Howard S. Evans in April, 1931. In his name, as plaintiff, on September 30, 1932, they issued a summons in equity against that corporation and certain directors to redress frauds alleged to have been perpetrated by the directors. Plaintiff was then a stockholder and had been a director. They contend that, as a result of their efforts, though without trial of the suit, the alleged grievances were settled by the corporation by the…