Brotherton v. Stone

Jenkins, Presiding Justice.

1. On this ancillary petition by the defendant’s attorneys in an equity case to fix a reasonable fee for services rendered in the suit by recovering a sum of money, which was being held as custodian by a title insurance company for the defendant and the attorneys “as their rights and interests might appear,” there is no merit in the exception to the judge’s passing on the matter without a jury, irrespective of the question sought to be raised, especially since the judge certified that “no ruling was invoked,” and none was “made by the court as to whether this matter…