Legal Opinion

County of Kossuth v. Wallace

Supreme Court of Iowa

Decided March 23, 1883PublishedCited by 13 opinions

Appeal from Kossuth Circuit Cowrt. The plaintiff commenced an action on the 8th day of May, 1880, to foreclose a school-fund mortgage, executed in August, 1874. In June, 1880, judgment was rendered against the defendant for $463.29, and for an attorney’s fee of $52. -At the December Term, 1880, the defendant moved the court for a re-taxation of the attorney’s fees, and the court thereupon reduced the attorney’s fees to $25. The plaintiff appeals.

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Appeal from Kossuth Circuit Cowrt. The plaintiff commenced an action on the 8th day of May, 1880, to foreclose a school-fund mortgage, executed in August, 1874. In June, 1880, judgment was rendered against the defendant for $463.29, and for an attorney’s fee of $52. -At the December Term, 1880, the defendant moved the court for a re-taxation of the attorney’s fees, and the court thereupon reduced the attorney’s fees to $25. The plaintiff appeals. The court certifies the question involved to be, whether a greater attorney’s fee than $25 can be taxed against defendant in the foreclosure of a…

1Opinion of the Court

Day, Ch. J.

Section 1873 of the Code, which was in force at the time the mortgage in question was executed, provides that in suits to foreclose a school-fund mortgage “the court shall give the plaintiff, as a part of the costs, such an amount as will be a sufficient compensation for the plaintifi’s attorney in the case.”

By an act of the Eighteenth General Assembly, which took effect by publication on the 3d day of March, 1880, this section was amended by adding the following: “But in no case to exceed ten per cent on the amount for which judgment is rendered; and in no case to exceed the sum…

2Cases cited1 opinion

  1. McCormick v. RuschSupreme Court of Iowa · 1863

3Cited by13 opinions

  1. Galusha v. WendtSupreme Court of Iowa · 1901
  2. Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
  3. Iowa Savings & Loan Ass'n v. HeidtSupreme Court of Iowa · 1899
  4. Penrose v. Commercial Travelers Insurance Co.Idaho Supreme Court · 1954
  5. Cutter Flying Service, Inc. v. Straughan Chevrolet, Inc.New Mexico Supreme Court · 1969

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