Schroeder v. Busenhart

This is an appeal by plaintiffs from a judgment of $16,168.46 made to defendants for attorneys’ fees and expenses pursuant to defendants’ petition filed under Section 41 of the Civil Practice Act. A direct appeal was taken to the Illinois Supreme Court by plaintiffs. The Supreme Court directed that this court hear the appeal. On oral argument in this court, plaintiffs’ counsel agreed that the constitutional issues raised by them in their briefs were foreclosed by the action of the Supreme Court in transferring the case to this court.

We affirm.

This case is yet another in this “apparently…