Legal Opinion

McMullen v. Reynolds

Appellate Court of Illinois

Decided January 16, 1903Published

Bill for Partition.—Appeal from the Circuit Court of Cook County; the Hon. Edward P. Vail, Judge presiding. Heard in the Branch Appellate Court at the October term, 1901.

1Opinion of the CourtJustice Burke

This was a suit for the partition of real estate and the only contest was over that part of the decree apportioning solicitors’ fees. The statute provides that in all such cases “ when the rights and interests of all the parties in interest are properly set forth in the petition, the court shall apportion the costs, including the reasonable solicitors’ fees, among the parties in interest in the suit, so that each party shall pay his or her equitable portion thereof, unless the defendants or some one of them shall interpose a good and. substantial defense to said petition.” Section 40, chapter…

2Cases cited8 opinions

  1. Metheny v. BohnIllinois Supreme Court · 1897
  2. Stunz v. StunzIllinois Supreme Court · 1890
  3. Habberton v. HabbertonIllinois Supreme Court · 1895
  4. Lilly v. ShawIllinois Supreme Court · 1871
  5. Hartwell v. DeVaultIllinois Supreme Court · 1896

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