Loague v. Brennan

9 S.W. 693, 86 Tenn. 634
CourtTennessee Supreme Court
DecidedMay 17, 1888
StatusPublished
Cited by3 cases

This text of 9 S.W. 693 (Loague v. Brennan) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Loague v. Brennan, 9 S.W. 693, 86 Tenn. 634 (Tenn. 1888).

Opinion

Lurton, J.

A Public Administrator, from considerations of ’ public policy, ought not to be allowed compensation as attorney in addition to his commissions as Administrator.

The case of Fulton v. Davidson, 3 Heis., 614, has been questioned and limited to its precise facts by this Court in the case of State v. Butler, 15 Lea, 113. We are not at all disposed to ex[636]*636tend the Fulton case, least of all to Public Administrators, who are public officers.

The Administrator, having been allowed commissions on .the personalty in his settlements, was not entitled to commissions on proceeds of realty which did not go into his hands. The decree allowing $450 for attorney’s fees is reversed, and costs of the appeal, and of the report as to such fees, will be paid by Loague personally.

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Related

McAdoo v. Dickson
136 S.W.2d 518 (Tennessee Supreme Court, 1940)
Holding v. Allen
150 Tenn. 669 (Tennessee Supreme Court, 1924)
In re the Judicial Settlement of the Account of O'Niel
1 Mills Surr. 218 (New York Surrogate's Court, 1899)

Cite This Page — Counsel Stack

Bluebook (online)
9 S.W. 693, 86 Tenn. 634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loague-v-brennan-tenn-1888.