State v. Florida Central R. R.

Citations

• 16 Fla. 703

Syllabus

<p>1. Chancery practice forbids a direct taxation of costs as between solicitor and client against defendant; and the Code practice is not different in this respect.</p> <p>2. Where the counsel has been employed to obtain or create a fund for the joint benefit of both parties, his fees, if he prevails, not if he loses, may be paid out of the funds; but where the interests of the parties are adverse, only the legal taxable costs can be allowed.</p> <p>3. Notwithstanding an order directing a complaint to be dismissed, if the court has in its possession funds which have accrued from the management of the property, the subject-matter of the suit, it may direct payment of claims incurred for the protection and preservation of the property during the action.</p>