Legal Opinion

Johnston v. Higdon

Court of Appeals of Georgia

Decided November 12, 1931No. 21287PublishedCited by 1 opinion

1Opinion of the CourtJenkins, P. J.

While a court of equity, in receivership proceedings, is authorized to award to counsel filing the petition and representing the moving creditor reasonable fees for services thus rendered, to be paid out of the fund brought into court for distribution (Civil Code of 1910, § 5488), and while in garnishment cases the expenses of the moving creditor, including reasonable attorney’s fees, are to be paid out of the fund going to judgment creditors receiving the benefit of his diligence (Whaley v. Cunningham, 41 Ga. 320; Civil Code of 1910, § 5290), and while “in claim cases the attorney causing…

2Cases cited4 opinions

  1. Baxter v. BatesSupreme Court of Georgia · 1882
  2. Waters v. Greenway Brothers & Co.Supreme Court of Georgia · 1855
  3. Whaley v. CunninghamSupreme Court of Georgia · 1870
  4. Mitchell v. Atkins & Co.Supreme Court of Georgia · 1883

3Cited by1 opinion

  1. Greenwood v. McGeeCourt of Appeals of Georgia · 1934

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