66-298. Attorney's fee. In all actions prosecuted under this act it shall be the duty of the court if tried by the court, or jury if tried by a jury, if the judgment or verdict be for the plaintiff, to find in addition to their general findings for plaintiff the amount, if anything, allowed for an attorney's fee in the case.
History: L. 1874, ch. 94, ยง 4; March 4; R.S. 1923, 66-298.
Law Review and Bar Journal References:
"Recovery of Attorney Fees in Kansas," Mark A. Furney, 18 W.L.J. 535, 562 (1979).
CASE ANNOTATIONS
1. Act applies to receiver operating railroad. Rouse v. Redinger, 1 Kan. App. 355, 360, 41 P. 433.
2. Attorney's fee allowed by jury part of amount in controversy. Clark v. Ford, 7 Kan. App. 332, 51 P. 938.
3. Sufficiency of evidence; demurrer to evidence overruled; verdict sustained. K.C. Ft. S. & G. Rld. Co. v. Foster, 39 Kan. 329, 330, 18 P. 285.
4. Supreme court will allow fee if trial court in error does not. Schulman v. A.T. & S.F. Rly. Co., 149 Kan. 114, 117, 86 P.2d 590.
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