Wilson v. Clayburgh
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hoñ. E. E. Dunne, Judge, presiding.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hoñ. E. E. Dunne, Judge, presiding. This is an appeal, by virtue of a certificate of importance, from a judgment of the Appellate Court for the First District reversing a decretal order of the circuit court of Cook county allowing and taxing as cost a solicitor’s fee of $300 for complainant’s solicitor, entered in a chancery suit pending in that court, brought to have the resignation of the Illinois Trust and Savings Bank, the trustee named in the will of…
1Opinion of the CourtJustice Hand
The only question involved upon this appeal is, can a court of chancery, in the exercise of its equitable jurisdiction, allow and tax as cost the solicitor’s fee of the solicitor for a beneficiary "under a trust created by a will, who brings a suit to have the resignation of the trustee named in the will accepted and a new trustee appointed in his place ? That question, we think, must be answered in the negative. It has been repeatedly held in this State that nothing can be allowed and taxed as costs by the clerk or the court but items of cost designated by the statute to be so allowed and…
2Cases cited5 opinions
- Woman's Union Missionary Society of America v. MeadIllinois Supreme Court · 1890
- Matter of Application of HoldenNew York Court of Appeals · 1891
- Constant v. MattesonIllinois Supreme Court · 1859
- West v. FitzIllinois Supreme Court · 1884
- Wilbur v. WilburIllinois Supreme Court · 1891
3Cited by25 opinions
- Wintersteen v. National Cooperage & Woodenware Co.Illinois Supreme Court · 1935
- Ryerson v. AplandIllinois Supreme Court · 1941
- Van Gorden v. LuntSupreme Court of Iowa · 1944
- Trust Co. v. National Surety Corp.Court of Appeals for the Seventh Circuit · 1949
- Ruddy v. McDonaldIllinois Supreme Court · 1910
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