Stella v. Mosele

By this appeal plaintiff challenges the jurisdiction of the superior court, sitting in equity in a foreclosure proceeding, to assess as damages the costs, expenses and attorneys ’ fees of a mortgagor who succeeded in having reversed on appeal to this court an order appointing a receiver for property under foreclosure.

Plaintiff had obtained an order appointing a receiver upon the face of the complaint. On appeal of Dominick Varraveto, one of the defendants, the order was reversed by this court in Stella v. Mosele, 299 Ill. App. 53. On mandate filed Varraveto had the,order vacated and filed a…