In Re Guardianship of Angell

The question for determination on this appeal is whether or not an assistant state’s attorney may lawfully claim a fee for services in a civil case depending upon the same state of facts in which a criminal prosecution shall depend. The Prohate Court of Kane County denied such a claim against the Guardianship of Thomas Gordon Angelí, a minor, hut on appeal to the Circuit Court and a trial de novo there the claim was allowed in full, and this appeal followed.

The claim for attorney’s fees arose out of the following facts. On August 11,1953, a car driven by Melvin Utley struck a bicycle ridden…