Casady v. Stuart
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for Idaho County. Hon. Edgar C. Steele, Judge. Action to recover an attorney’s fee. Judgment for plaintiff. Upon the issue of the reasonableness of an attorney’s fee, preponderance of expert testimony should govern as in other cases.
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APPEAL from the District Court of the Second Judicial District for Idaho County. Hon. Edgar C. Steele, Judge. Action to recover an attorney’s fee. Judgment for plaintiff. Upon the issue of the reasonableness of an attorney’s fee, preponderance of expert testimony should govern as in other cases. (Blizzard v. Applegate, 61 Ind. 368.) There is a wide divergence in the testimony of the respective experts called by plaintiff and defendants as to the value of the alleged services. Where, as in this ease, the amount allowed for legal services seems to be grossly excessive and unjust, this court…
1Opinion of the CourtSullivan, C. J.
This action was brought to recover attorney’s fees for services performed in certain litigation before the Commissioner of Indian Affairs and the Department of the Interior of the general government, involving title and succession of Indian lands and for procuring an adjudication in favor of appellants, vesting title in them to lands of the conceded value of about $20,000, for which services plaintiff claimed the sum of $2,500.
The issue was joined on the reasonableness of the attorney’s fee claimed. The court with a jury tried the ease and the jury returned a verdict for the plaintiff in the…
2Cited by7 opinions
- State v. SnoderlyIdaho Supreme Court · 1940
- Ross v. KerrIdaho Supreme Court · 1917
- Black v. BlackIdaho Supreme Court · 1920
- Hardy v. WardIdaho Supreme Court · 1917
- Pickerd v. DahlIdaho Supreme Court · 1942
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