Appellants compete, so we consent, that impound of the finance known and you can explained in the footnote cuatro expanded out of interpleader or input process on each of and this numerous independent and you may line of states are asserted: All of the money today regarding registry of one’s down legal are made within the procedures in the very-called “Mallonee Case” and you will connect to the fresh points away from Association. None of one’s legal services discussed in the purchase appealed out of try did in connection with the interpleaders or interventions where in fact the dumps were made. Along with nothing of process which lead to brand new places during the Courtroom gets the Los angeles Bank asserted any claim for attorneys’ charges.
To invade money transferred in the registry of one’s Court to blow counsel getting La Bank would, within our view, be a violent attack of the property legal rights of the Financial away from Bay area portrayed by the the “lien legal rights” against this financing in accordance with the notes from Connection executed inside its favor from the Ammann throughout the their good period just like the conservator away from Organization. Indeed the outcome of buy here appealed regarding operates to reduce the fund stored inside the judge which are protection to own a appropriate indebtedness owed the newest Bay area Financial – because there are zero general funds contained in this deposit the effect of acquisition would be to want payment out of money in earlier times, by court’s individual purchase, kepted as the substituted security protecting the new loans due towards Bay area Bank. Since appellants highlight, your order further particularly makes sure the ensuing handicap away from guarantee will never be recovered.
It might and additionally seem that the outcomes of the transaction regarding new court create or may additionally demand commission of confronted attorneys’ fees through to brand new Government Coupons and you will Financing Insurance Organization which turned significantly involved in the litigation, a problem maybe not just before all of us on this attention.
Claim to the latest honor out-of attorneys’ costs here appealed of does perhaps not other individuals on any base off special deal or statutory consent, and such as a foundation isnt recommended. Anyway, we are certain one to award regarding attorneys’ fees perform only be allowable on “prevalent people” immediately following a go on the merits – a challenge today outside of the circumstances. If your all the way down courtroom is actually rather than jurisdiction of one’s Los angeles Step the order awarding attorneys’ charge don’t on people concept be confirmed. Select Dubil v. Rayford Camp & Co., nine Cir., 184 F.2d 899, 902; Vicksburg, S. & P. Ry. Co. v. Nattin, D.C., 54 F.2d 712. Nor is the newest philosophy off legislation of the circumstances otherwise res judicata clean out an essential attention and you may dedication of one’s first jurisdictional question underlying the newest La Action.
States Coupons & Mortgage Co
” We believe the Financial from San francisco is legitimately for the hands of debated possessions and this is not holding her or him given that an excellent “constructive money loan Stevenson trustee” for the Financial out of Los angeles.
It is reasonably the look at one unless of course and you may up until La Financial been successful and you may recovered the newest property previously held from the you to Financial, this has none composed neither preserved a funds away from and therefore attorneys’ charges may be repaid
Appellees assuring you you to from inside the awards of method of here significantly less than talk, ultimate profits otherwise failure about legal actions try an incorrect numbers. Their argument is the fact “the exam * * * [is] * * * if the lawsuits is conducted during the good faith as well as on realistic foundation.” The scenario of Pacific. v. Hise, 25 Cal. 2d 822, 155 P.2d 809, 158 An effective.L.Roentgen. 955, try cited since the retaining the new propriety and you can legitimacy of meantime prize so you can appellees on quick circumstances. Various other case allowed to be “straight in section” are Eggert v. Pacific , 53 Cal. Software. 2d 554, 127 P.2d 999.