Chas. S. Martin Distributing Co. v. Cooper
Chas. S. Martin Distributing Co. v. Cooper
Opinion of the Court
There is no contention that Mr. Gunter did not render the legal services mentioned in his application, which resulted in placing all of the assets of the debtors in the hands of the court to be fairly administered for the benefit of all their creditors. In Mohr-Weil Lumber Co. v. Russell, 109 Ga. 579 (34 S. E. 1005), it yras held: “The bringing of a fund into court operates for the benefit of those who share in it. Compensation for services rendered in placing a fund where the court can administer it may fairly be regarded as an expense chargeable to those among whom it is distributed. The only just and reasonable basis for paying out of money brought into court the fees of the attorneys by whose services this result was produced is, that by rendering those services they did something of value to the successful claimant or claimants of the money.” Also Code § 55-315 expressly provides “that in all [receivership] cases the presiding judge, or other competent tribunal, shall allow such compensation to the attorney or attorneys filing the
Judgment affirmed.
Reference
- Full Case Name
- CHAS. S. MARTIN DISTRIBUTING CO. v. COOPER
- Status
- Published