Lilly v. Robinson Mercantile Co.
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Osceola District ; D. F. Taylor, Special Judge; STATEMENT OP PACTS. Appellant brought suit in the circuit court to recover an attorney’s fee of $100 for services rendered appellee.
Read the full summary
Appeal from Mississippi Circuit Court, Osceola District ; D. F. Taylor, Special Judge; STATEMENT OP PACTS. Appellant brought suit in the circuit court to recover an attorney’s fee of $100 for services rendered appellee. Only one witness, the plaintiff, testified and he stated that $100, the amount claimed, was a reasonable fee for the services performed, and the court made a special finding- of facts and rendered the following judgment: “This matter coming on to be heard October 15, 1912, before Hon. D. F. Taylor, special judge, and the court announcing its conclusions of law and fact, and in…
1Opinion of the Court
Kirby, J.,
(after stating thé facts). It is contended that the court erred in fixing the fee at $50, after having found that, “according to the greater weight of the evidence a fee of more than $50 for the service rendered would be reasonable,” the judgment for that sum being against the preponderance of the testimony and known by the court to be so.
The question of what is a reasonable attorney’s fee for services performed in a case where such inquiry arises is usually one of fact to be determined from the weight of the evidence. Rachels & Robinson v. Doniphan Lbr. Co., 136 S. W. (Ark.) 659;…
2Cases cited3 opinions
- Head v. HargraveSupreme Court of the United States · 1882
- Skillern v. BakerSupreme Court of Arkansas · 1907
- Bell & Carlton v. WelchSupreme Court of Arkansas · 1881
3Cited by19 opinions
- Bayou Meto Drainage District v. ChaplineSupreme Court of Arkansas · 1920
- Interstate Business Men's Accident Ass'n v. SandersonSupreme Court of Arkansas · 1920
- Sain v. BogleSupreme Court of Arkansas · 1916
- St. Louis-San Francisco Railway Co. v. HurstSupreme Court of Arkansas · 1939
- Stafford v. BishopWest Virginia Supreme Court · 1925
14 more not listed; retrieve them via the Exa API.