Colley v. Wolcott

Citations

• 187 F. 595
• 109 C.C.A. 425
• 1911 U.S. App. LEXIS 4207

Syllabus

<p>1. Attorney and Client (§ 155*) — Attorney's Fees — Allowance from Fund in Court.</p> <p>Where the services of the solicitors for the complainant in a stockholders’ suit have resulted in restoring to the corporation a large amount of property fraudulently transferred, which has come into the custody of the court, the fees of the solicitors for such services may properly be awarded out of the fund, either to the complainant or directly to the solicitors themselves, in the discretion of the court; and, although it Is the better practice to make sucb allowance on a formal motion therefor, that is also discretionary.</p> <p>[Ed. Note. — For other cases, see Attorney and Client, Cent. Dig. § 316; Dec. Dig. § 155.*]</p> <p>2. Attorney and Client (§ 155*) — Allowance of Fees from Fund in Court —Evidence of Value of Services.</p> <p>A court may properly make an allowance of foes to solicitors for services rendered before it upon its own knowledge as to the extent and value of such services.</p> <p>[Ed. Note. — For other cases, see Attorney and Client, Dec. Dig. § 155.*]</p> <p>3. Attorney and Client (§ 155*) — Allowance of Fees — Sale of Property in Court for Payment.</p> <p>Where property has been brought into court for restoration to its rightful owner through the services of solicitors, an allowance made to them for their services may properly be charged as a lien upon such property, with an order for its sale in default of payment.</p> <p>[Ed. Note. — For other cases, See Attorney and Client, Dec. Dig. § 155. *J</p> <p>4. Appeal and Error (§ 70*) — Appealable Order.</p> <p>An order making an allowance for services of solicitors in a cause in which such services had brought property into court, bat providing that the allowance should be thereafter paid in such manner as the court should direct, was not a final order, from which an appeal would lie. t [Ed. Note. — For other cases, see Appeal' and Error, Dec. Dig. § 70.*</p> <p>Finality of judgments and decrees for purp