Bank of Genesee v. Denning

Citations

• 5 Idaho 482
• 51 P. 406
• 1897 Ida. LEXIS 51

Syllabus

<p>Insolvency — Attorney’s Pees — To Whom Allowed by the Court.— Costs incurred by the assignee of an insolvent estate in proceedings in insolvency, for reasonable and necessary attorney’s fees incurred in protecting the insolvent estate, should be allowed to the ■assignee, on his application, and not to the attorney.</p> <p>Assignee — District Judge — Creditors.—Orders allowing attorney’s fees for services rendered the assignee of an insolvent debtor, which are made upon ex parte .application of the attorney by the district judge, either in open court or at chambers, are in violation of the rights of the creditors, and unauthorized.</p> <p>Jurisdiction of Judge at Chambers in Insolvency Proceedings.— A district judge has no jurisdiction at chambers to make an order allowing or fixing the compensation of an attorney for an assignee of an insolvent debtor whose estate is being settled by proceedings in insolvency.</p> <p>(Syllabus by the court.)</p>