Hempstead v. Meadville Theological School

Opinion by

Mr. Justice Kephart,

As a general rule in Pennsylvania each party to adversary litigation is required to pay his own counsel fees.. As stated by Gibson, J., in Alexander v. Herr, 11 Pa. 537, “if clients could pay attorney’s fees out of the pockets of their opponents, they would pay most liberally.” Nor is there any law in Pennsylvania which will warrant the payment of such fees or expenses, incident to the preparation for trial, as “costs of the case.” In the absence of express statutory authority, counsel fees cannot be allowed from the adverse party: Winton’s App., 87 Pa. 77, 85;…