71 P. 144 | Or. | 1903
Lead Opinion
after stating the facts, delivered the opinion of the court.
It is contended by appellants’ counsel that the remuneration to which a receiver is entitled depends upon the value of the property committed to him, the character of the service demanded, and the amount of labor performed, and, in the absence of any statute regulating such remuneration, its measure is determined by the rule prescribing the compensation for an executor or administrator; that a receiver is also entitled to a reasonable fee for the services of an attorney; and that the court erred in not allowing the appellants the amount claimed by them. The compensation allowed an executor or administrator is a commission upon the whole estate accounted for by him, and the statute prescribing the rate is as follows: “ (1) For the first thousand dollars, or any less sum, at the rate of seven percentum thereof; (2) for all above that sum and not exceeding two thousand dollars, at the rate of five per centum thereof. * * In all cases, such further compensation as is just and reasonable may be allowed by the court or judge thereof, for any extraordinary and unusual services not ordinarily required of an executor or administrator in the discharge of his trust”: B. & C. Comp. § 1209.
It is possible that the court may have erred in refusing to allow the receivers any sum as attorney’s fees; but, if this be so, we are unable to discover from an inspection of the transcript any data by which such error can be corrected, and it follows that the decree must be affirmed, and it is so ordered.
Affirmed.
Rehearing
On Petition for Rehearing.
delivered the opinion.
Rehearing Denied.