Page:Federal Reporter, 1st Series, Volume 7.djvu/823

 BINb OEE V. AH Jlil. 8il �services actually rendered by the attorney. Where th*' judg- ment is obtained without opposition on the part'of tlle debtbr, as is often the case, the iee should be less than -where it is obtained a^ainst such opposition. But after all the right of the parties, in the absence of any statute to the contrary, to contract for the payment of a reasonable attorney fee by the debtor, in case his crediter is put to the expense of collecting his debt by law, rests upon the same ground as the right to make any other contract not prohibited by law or contra bonos mores. �Assuming, then, what has not been questioned, and upon which I express no opinion, that $100 is no more than a rea- sonable fee in each of these cases, the stipulation is both just and valid, and therefore ought to be enforced. There must be judgment accordingly. ���BiMO Geb, Adm'r, etc., v. Ah Jui aud otherB. �{Oireuit Court, D. Oregon. March 18, 188I.) �1. StTKETIES m AH DNDEBTAKraO POB Alt ATTACHMENT— LlABILITT OF. �The suretiea in an undertaking for an attachmeat under the Ore- gon OiTil Code, \ 144, in case the plaintifi fails to obtaiu judgment in the action, are liable to the defendant for all the costa and dis- bursements that may be adjudged to him, whether the latter are made in the action or upon the attachment. �John M. Gearin and Byron C. Bellinger, for plaintiff. �John H. fVoodward e Charles H. Woodward, for defendants. �Deady, D. J. This action was commenced in the circuit court for the county of Multnomah, The defendants ap- peared and caused it to be removed to this court. It is brought upon the undertaking of the. defendants for an attachaient given in the action of Ah Jim v. Ah Kow, then pending in the circuit court for the county of Clatsop, in November, 18Y9. The complaint alleges that in pursuance of said undertaking, and the afSdavit of Ah Jim, a writ of attachment was issued in said action, upon which the prop- ��� �