Warren v. Stoddart

Citations

• 6 Idaho 692
• 59 P. 540
• 1899 Ida. LEXIS 65

Syllabus

<p>Bills op Exception's — Specification's of Error — Under the provisions of sections 4426, 4428 and 4430 of the Revised Statutes, a hill of exceptions is not required to contain a specification of the errors relied on, unless the exception is to the verdict or decision upon the ground of the insufficiency of the evidence to sustain it. In that case, the bill of exceptions must specify the particulars in which the evidence is not sufficient.</p> <p>Statement on Motion for a New Trial. — Under the provisions of subdivision 3, section 4441, of the Revised Statutes, a statement on motion for a new trial must specify the particular errors relied on.</p> <p>What Bill of Exceptions Must Contain. — Under the provisions of section 4427 of the Revised Statutes an order striking out a portion of a pleading is deemed excepted to and when- such order, and the papers upon which it is made, are a part of the records and files in the action; it need not be embodied in a bill of exceptions, but may be reviewed on appeal as tbougb settled in a bill of exceptions.</p> <p>Attorney’s Fees. — A stipulation, in a mortgage for an attorney fee, in ease of suit brought, is valid, but should be enforced only for a reasonable fee.</p> <p>Same — How Court to Determine What is a Seasonable Fee.— The court, in determining what fee is reasonable, may take into consideration the amount actually paid or agreed to be paid, if any such agreement was entered into, also should take into consideration the importance of the suit, the amount involved, the nature and extent of the work and labor in the preparation and trial of the action and any other facts that would assist the court in arriving at a right conclusion as to what would be a reasonable fee.</p> <p>Same — When Fee not Allowed. — No judgment should be allowed for attorney’s fees, unless the attorney has or is entitled to receive it himself. No fee should be allowed of which the plaintiff is to receive a part.</p> <p>Defenses. — Seld, that the