Lucas Bank v. King

It was provided by tbe Revised Statutes-of 1855, page 1122, section 65, that the judge of the court in which any suit for partition was brought, should allow a reasonable attorney’s fee in favor of the attorney bringing the suit, which should be taxed and collected as other-cost?. Under this statute it was held by this court, in Draper v. Draper, 29 Mo. 13, decided in 1859, that it must appear of record that the plaintiff in partition had agreed to pay the attorney a certain fee, in which event, the judge,, if he deemed the sum agreed upon reasonable, might allow the same, to be taxed as…