Mason v. Mason

TURNER, Justice.

This is an appeal on the judgment roll from only that portion of the judgment in favor of plaintiff and appellant wherein the trial court allowed only the nominal sum of $1 as attorney’s fee, in the face of uncontradicted testimony that a reasonable attorney’s fee in the case is ten per cent of the amount of recovery, or ten per cent of $3900.50.

The parents of the defendants, William S. and Chloe N. Mason, on March 15, 1920, executed their promissory note to the Federal Land Bank of Berkeley for $5000, secured by a mortgage on certain real estate located in Box Elder County,…