16 Utah 163 | Utah | 1897
It appears from the record in this case that on June 23, 1896, James H. Bacon, as the owner of the Bank of Salt Lake and the First Bank of Mercur, made a written assignment of all their property to Frank W. Ross; that, two days thereafter, the plaintiffs, by Charles C. Dey, their attorney, filed a complaint, asking for the appointment of a receiver of the property assigned; that, on the 29th day of the same month, M. E. Mulvey and others, by Charles S. Yarian, their attorney, sued out attachment writs, and had them levied on the same property, and filed a complaint in intervention pleading the at-
The appellant alleges that the court erred in allowing to the receivers (the respondents) $3,600, and that the evidence does not show that they were entitled to any amount exceeding $1,000. This presents the question,
It appears from the record that Mr. Varian was the attorney of some of the cfeditors when employed by the receivers as their solicitor; that, wrhen apjiellant heard of his employment, he made objections to it to the receivers, but he. was continued as such solicitor notwithstanding such objections. Such objections do not appear to have been brought to the attention of Mr. Varían, or to the attention of the court. Undoubtedly, the receivers and their solicitors, like the court, should be impartial as between the parties to the litigation. They represent-all of them. A creditor of a party whose property is in the hands of a receiver, or his agent or representative, or a representative of the defendant, should not be appointed as a receiver. Nor should the court permit them to represent conflicting interests, and the same rule should be applied to their attorneys. An attorney of a creditor of a defendant whose property is in the hands of a receiver, or of any party to the suit whose interest may conflict with the other parties, or any of them, should not be employed by the receiver. The general rule is stated in High on Receivers as follows (section 216): “The general rule, however, subject to the limitations to be hereafter noticed, is that the receiver should not employ the counsel of either of the parties to the litigation in which he was appointed; since, their duty being to protect the interests of their ^respective clients, and to watch the receiver’s proceedings, to the end that a faithful performance of his duties may be insured, they are not regarded as competent to act as counsel for the receiver,
Appellant urges, further, that the court erred in allowing to the two solicitors, for their services, $4,300, and that no more than $2,000 should have been given. In fixing the compensation of attorneys and solicitors, the court will take into consideration the opinions of attor
Respondents claim that the orders of the court below fixing the amount of compensation of the receivers and their solicitors should not be disturbed by this court. As