
    No. 152.
    H. G. Middleditch, Trustee, v. D. Kawananakoa.
    Exceptions from circuit court, first circuit.
    Submitted May 1, 1905.
    Decided May 2, 1905.
    Frear, C. J., Hartwell and Wilder, JJ.
    Attorney’s fees in actions of assumpsit when the plaintiff, being an attorney at law, conducts his own case. The statute allowing attorney’s fees in actions of assumpsit applies in cases in which an attorney at law is a party and conducts his own case. The plaintiff recovered judgment in an action of assumpsit in the sum of $616.25 with interest and costs of court. The plaintiff, being an attorney at law, appeared in person. The plaintiff’s exceptions present the question whether the plaintiff appearing in person and acting Ob his own behalf as plaintiff in this action is entitled to attorney’s fees as provided by sections 1889 and 1892 of the Revised Laws upon the judgment rendered in his favor, the trial court having granted the defendant’s motion to vacate the order taxing plaintiff’s costs of $59.35.
    
      H. G. Middleditch for plaintiff.
    
      C. W. Ashford for defendant.
   Per curiam:

The fact that the attorney in this case is the plaintiff does not deprive him of the statutory right to attorney’s fees. The exception is sustained and the order excepted to is set aside.  