City of Atlanta v. Screws

Reid, Chief Justice.

The general rule as to allowance of counsel fees out of a fund in court, for distribution as the result of such counsel’s efforts, is stated in the annotation in 49 A. L. R. 1145, 1150, to the case of Hempstead v. Meadville School, 286 Pa. 493 (134 Atl. 103), as follows: “The rule is that a court of equity, or a court in the exercise of equitable jurisdiction, will, in its discretion, order an allowance of counsel fees, or, as it is sometimes said, allow costs as between solicitor and client, to a complainant (and sometimes directly to the attorney) who at his own expense…