Kintner v. Harr, 408 P.2d 487 (1965)

Citation: Kintner v. Harr, 408 P.2d 487 (1965)
Parent Document: Kintner v. Harr, 408 P.2d 487 (1965)
Jurisdiction: Montana (state)
Effective Date: 1965-12-08
Original Source: https://www.courtlistener.com/opinion/1421283/kintner-v-harr/ ↗

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Our rules on proper allowances for costs and disbursements in law suits are found in sections 93-8601 to 93-8631, R.C.M.1947. Specifically, section 93-8618, R.C.M.1947, outlines what are the costs and disbursements to which a party awarded costs is entitled. Counsel fees are conspicuously absent from that rather thorough list, and unless they may be included under the phrase, “and such other reasonable and necessary expenses as are taxable according to the course and practice of the court, or by express provision of law,” they may not be awarded. Mr. Chief Justice Brantly, in the 1916 decision of Bovee v. Helland, 52 Mont. 151, 156 P. 416, set down the interpretation of this section which we have since consistently followed. In substance the rule is that attorney’s fees may be recovered only when granted by special statute, by stipulation of the parties, or assuming that the district court may adopt a rule, when justified by a district court rule. But, it is well-settled law in this state that attorneys’ fees are not allowed as costs under statutory provisions for costs in ordinary litigation, that they are not, in any proper sense, a part of the costs in a case. Adair v. Schnack, 117 Mont. 377, 387, 161 P.2d 641. See also, McBride v. School District No. 2, 88 Mont. 110, 290 P. 252; Smith v. Fergus County, 98 Mont. 377, 39 P.2d 193; In re Mickich’s Estate, 114 Mont. 258, 136 P.2d 223; Gamble-Skogmo, Inc. v. McNair Realty Co., D.C., 13 F.R.D. 502. *481

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