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334 Mo. 1085

72 S.W.2d 104

Trautz v. Lemp

Supreme Court of Missouri

Decided April 18, 1934

Supreme Court of Missouri · decided 1934-04-18

Good law ✅— No negative treatment on recordhow we know

Decided 1934-04-18

How this case has been cited

Cited by 48 later decisions — most recently July 1993 · most notably Bernheimer Ex Rel. Bernheimer v. First National Bank (1949), Leggett v. Missouri State Life Insurance Company (1960)

48 state decisions

1401934194019501960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 ON MotioN por Rehearing and on Motion to Modify.

TIPTON, J.

¶2 Barth & Barron have filed a motion for rehearing and, also, a motion to modify. The reason assigned in these motions are that they represented Kathryn Trautz, as guardian and curatrix of Kathryn Marie Handlan Trautz, a minor, from September 15, 1921, until March 16, 1927, and no allowance was made to them for this service.

¶3 In this kind of a case, attorneys’ fees and expenses are allowed to a litigant, to reimburse him for money expended by him for the benefit of the estate. The fee is not allowed to the attorney; but to the litigant.

¶4 In writing the opinion we did not overlook the question raised on these motions, but the order of the trial court allowed the fee to Barth & Barron, as attorneys for Kathryn Trautz, and no mention was made in the order as to Kathryn Trautz, guardian and curatrix; nor was this fact called to the court’s attention in her motion for a new trial.

¶5 The question raised in these motions is not before us for our decision.

¶6 Both motions should be overruled. It is so ordered.

All concur, except Ellison and Hays, JJ., absent.
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