Opinion
11192
April 13, 1923.
Before SEASE, J., Cherokee, July, 1922. Affirmed.
Action by J.A. Carroll et al. against the Cash Mills et al. From an order fixing compensation of a receiver and his attorneys, plaintiffs appeal.
Messrs. Martin Blythe and D.W. Robinson, for appellants, cite: Standard for fixing fees: 9 A.L.R., 237. Indiscretion of Court, subject to review on appeal: 113 S.E., 315; 117 S.C. 7; 103 S.C. 299; 94 S.C. 383; 84 S.C. 458; 104 S.C. 396; 9 A.L.R., 240.
Messrs. Butler Hall, for the receiver-respondent, cite: Fees of receiver and attorneys discretionary: 33 L.Ed., 568.
Messrs. Dobson Vassy, for respondents, cite: Allowance of fees is incidental to administration of estate: 85 S.C. 71; 13 S.C. 445; 21 S.C. 162; 81 S.C. 495; 23 R.C. L., 148.
April 13, 1923. The opinion of the Court was delivered by
This is an appeal from an order, made by Judge Sease, fixing the compensation of W.C. Hamrick, as receiver of the Cash Mills, at $7,500.00; the fee of Messrs. Butler Hall, attorneys for the receiver, of $6,000.00; and the fee of Messrs. Dobson Vassy, assistant attorneys for the receiver, of $1,500.00.
The Cash Mills was insolvent, and Mr. Hamrick was appointed receiver. The Cash Mills was sold for $300,000.00 cash. There is but one question in the case, and that is as to the amount of these allowances. The amount is within the discretion of the Circuit Judge, and it does not appear that Judge Sease abused his discretion.
The order appealed from is affirmed.
MR. JUSTICE COTHRAN not participating.