Heaphy v. Walsh

I dissent. I cannot agree with the majority opinion wherein it holds there is a court rule with regard to attorneys’ fees. I deem this very important since it is very clear from the record *107that the presiding judge felt he was bound by such rule in fixing the fees of the attorney.

I concede that our statutes do not provide a mode of publication, but it appears to me that more than an oral pronouncement by a judge from the bench during a hearing in a different cause should be required. The proof here of the so-called rule was made by a transcript of the court reporter’s notes in another cause.…