45 S.C. 319 | S.C. | 1895
The opinion of the Court was delivered by
This case had been before this Court once before (40 S. C., 255), and its general nature may be ascertained from the case as there reported. All of the other issues having been determined, the only question remaining is as to the counsel .fee of plaintiff’s attorney. When the previous judgment of this Court was remitted to
It see'rns to us, therefore, that Judge Witherspoon erred in holding, even if it were an original question, unaffected by the order of Judge Townsend, that the plaintiff was not entitled to have his disbursements, including his counsel fee, paid out of the common fund before the same could be paid to the creditors.
The judgment of this Court is, that the judgment appealed from be reversed.