German National Insurance v. Virginia State Insurance

Citations

• 108 Va. 393
• 61 S.E. 870
• 1908 Va. LEXIS 45

Syllabus

<p>Absent, Keith,- P., and Buchanan, J.</p> <p>1. Attobney and Client — Counsel Fees — Assessment TJpon Defendants.— Counsel fees, over and above the taxable fee allowed by law, cannot be assessed upon the debtor or his property, but, when properly allowed by the court, must be paid by the creditors or out of the funds belonging to them.</p> <p>2. Attobney and Client — Counsel Fees — Deposits l)y Foreign Corporations- — Allowance of Fees to State Treasurer. — When a suit is brought to administer the deposit of a foreign insurance company in the hands of the treasurer of the State and to subject it to the discharge of the liabilities with which it is . chargeable under the statute, and the treasurer is made a party to such suit, the fund is under the control of the court, and by express provision of the statute is to be “distributed by the court.” His only duty is to preserve the fund until it is distributed by the court. He has no need for counsel, and it is error to decree fees for his private counsel to be paid out of said deposit.</p> <p>3. Costs — Deposits of Foreign Corporations — Case in Judgment. — Under the evidence in this case, it was proper to refer the cause to a master to ascertain the liabilities on the deposit made with the State treasurer by a foreign insurance company which had become insolvent, and hence the costs of such reference were properly chargeable upon the deposit.</p>