Diver v. Village of Glencoe

Mr. PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court:

Plaintiffs, Carol Diver and Helen Sutton, brought this action seeking both a declaration that defendant held certain of their funds under an express trust and an accounting of such funds. Defendant thereafter filed a counterclaim for costs under section 41 of the Civil Practice Act (Ill. Rev. Stat. 1977, ch. 110, par. 41). Judgment was entered in favor of plaintiffs in the original action, and defendant’s counterclaim was dismissed. On appeal, defendant presents the following issues for review: (1) whether the judgment in the…