Hertzog v. Spartanburg Bonded Warehouses, Inc.

192 S.E. 397, 184 S.C. 378, 1937 S.C. LEXIS 163

• Court: Supreme Court of South Carolina
• Decided: July 20, 1937
• Docket: 14517
• Status: Published

Opinions

The opinion of the Court was delivered by

Mr. Justice Fishburne.

The question in this case has to do with the reasonableness of attorneys’ fees in the foreclosure of a mortgage of real estate, involving the collection of a substantial sum of money.

The matter in issue was. referred to a Special Referee, who took and reported all of the evidence offered by the parties. The only professional evidence introduced, aside from that of counsel engaged in the case, was the testimony of three eminent members of this bar, in active practice. They testified that the amount of the fee allowed by .the Court to the respondent’s attorneys for their services was reasonable and just, in view of the labor and skill required, the time consumed, and the results accomplished. In our opinion, the record justifies and sustains their conclusions.

To conduct a contested lawsuit to a successful conclusion is no small achievement. The responsibility involved is never to be ignored; and while this Court, as stated in Reiser v. Ragsdale et al., 105 S. C., 201, 89 S. E., 705, will not stand for extortionate or unreasonable fees, the payment of adequate and reasonable fees has always been upheld.

The decree of the Circuit Judge, which will be reported, is affirmed, and adopted as the judgment of this Court.

Mr. Chiee Justice Stabeer and Messrs. Justices Bonham and Baker concur. Mr. Justice Carter dissents.