Hely v. Fred Hoertz & Co.
Court of Appeals of Kentucky
Case 15 — Action by Edward Hely Against Fred Hoertz & Co., on Peiition for Rehearing as to Allowance to Commissioner.— APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY BRANCH, DIVISION NO. 2 — STERLING B. TONEY, judge.
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Case 15 — Action by Edward Hely Against Fred Hoertz & Co., on Peiition for Rehearing as to Allowance to Commissioner.— APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY BRANCH, DIVISION NO. 2 — STERLING B. TONEY, judge. On'Petition for Rehearing as to Allowance to Commissioner. 1. The allowance to the commissioner was in excess of that authorized by law; $135 was the maximum that could be allowed. 2. Upon tbe state of the record no allowance should have been made. 3. The opinion should be extended to the extent of setting aside the $300, allowance to the commissioner; require proof to be taken…
1Opinion of the Court
Opinion or the court by
CHIEF JUSTICE BURNAM.
We are asked in the petition for an extension of the opinion heretofore delivered in this case to pass npon the exceptions of appellant to the allowance of $300 to the master commissioner for his services. Accompanying the report of *120the deputy commissioner to whom the case was referred was his affidavit, made in conformity with section 396 of the Kentucky Statutes, that he had been continually engaged in the consideration of the case 45 days, and asked that he be allowed $300 for his services. Exception was filed to the allowance of this claim,…
2Cases cited1 opinion
- McHenry v. WinstonCourt of Appeals of Kentucky · 1899
3Cited by2 opinions
- Graham v. AllistonCourt of Appeals of Kentucky · 1918
- Cook v. FryerCourt of Appeals of Kentucky · 1882