In re Warrington

Layton, C. J.,

delivering the opinion of the Court:

The question raised by the petitions to draw funds out of court necessitates a construction of Section 4204 of the Revised Code of 1915, which is,

“In all causes of action, suits, matters or proceedings brought for the enforcement of any note, bond, mortgage or other instrument of writing, if the plaintiff or lien holder in said action, suit or proceeding shall recover judgment in any sum, he shall also be entitled to recover reasonable counsel fees, which shall be entered as a part of the decree or judgment in said action, suit or proceeding,…