Muller v. Martin

WOOD (Fred B.), J.

Plaintiff William Muller has appealed from an order in a partition suit which awarded a fee of $250 to the referee who conducted the sale of the property of the parties and $250 to defendant W. Knickerbocker as reasonable counsel fees expended or incurred for the common benefit.

In support of his appeal plaintiff claims (1) the order is not supported by any evidence, (2) the fees allowed were excessive, and (3) a counsel fee should have been awarded to plaintiff.

The record is in an unsatisfactory state. Plaintiff chose to present his appeal wholly on a settled statement. He…