Lawton v. Perry

Citations

• 45 S.C. 319
• 23 S.E. 53
• 1895 S.C. LEXIS 40

Syllabus

<p>1. ORDER — RES Adjudicaba — Attorney’s Eee. — An order made by a Circuit Judge, instructing a master to “take testimony and report a reasonable fee for plaintiff’s attorney,” settles the question, that the plaintiff’s attorney is entitled to a fee out of the common fund, and if not appealed from, is binding on all parties to the action.</p> <p>2. Creditor’s Bide — Attorney’s EEE. — A suit by a creditor of a decedent against his heirs, to subject decedent’s lands.to the payment of his debts, brought by plaintiff as creditor for himself and other creditors who choose to come in and share in the expense, is in effect a creditor’s bill, and entitles plaintiff to have a fee for his attorney paid out of the common fund, though the main litigation was between the creditors as to their priorities.</p>