Reynolds v. McMillan

Citations

• 63 Ill. 46

Syllabus

<p>1. Attorney’s pee—allowance for, in decree. Under the statute in a suit for partition or the assignmeut of dower, when no defense is set up, the court is authorized to order the payment of a reasonable attorney’s fee.</p> <p>3. In fixing the amount of a reasonable fee, the examination should be directed to what is customary for such legal services, where contracts have been made'with persons competent to contract, and not what is reasonable, Just and proper for the solicitor in the particular case. The inquiry should not what an attorney thinks is reasonable, but what is the usual charge.</p> <p>3. In determining the amount of such fee it is not merely the value of the estate partitioned, but the services performed, which should form the basis of remuneration. An attorney’s fee of $1000 in this case was held unreasonable.</p>