Webster

In the order appointing the receiver in this case the court authorized him as follows:

The receiver upon the authority of this order from time to time made cash payments to appellant for attorney’s fees and expenses aggregating $43,802.41.

Jn Ms fourth report the receiver advised the court that tho appellant claimed that there was due Mm as a balance for attorney’s fees the sum of $31,554.43. The receiver set up a liability on this demand of $2,333.35, but the remainder of the claim of the attorney in the sum of $29,221.08 was noted as a contingent liability of the receivership, depending upon the determination of the court.

To this report the appellant filed exceptions and tho matter came on for hearing. On the first and second day of the hearing the appellant put in evidence and conducted his ease on the theory that the entire matter of all tho attorney’s fees claimed or paid appellant during the entire period of the receivership was open and subject to adjudication.

During a discussion which took place on the third day of tho trial, appellant appears to have taken the position that the only matter for adjudication was the amount of the unpaid additional attorney’s fee,…