Nathan v. Brand
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. The following statement of the case is taken from the opinion of the Appellate Court: “This appeal is from a decree of sale entered in a suit brought by the appellee to foreclose a trust deed in the nature of a mortgage, made by appellant’s intestate, to secure payment of his certain promissory notes for the principal sum of §10,000. The decree found that there was due at the date of its entry the sum of §13,513.33, in…
1Per curiam
Substantially the only grounds urged on this appeal by appellant for the reversal of the decree of foreclosure relate to the allowance of the solicitor’s fees by the trial court.
It is contended that under the clause in the deed of trust providing for the allowance of reasonable attorney’s and solicitor’s fees the evidence should have been confined to what was a reasonable fee, and that it was error to tax such fee upon the evidence, as it was adduced, as to what was the usual and customary fee. No objection was made below to the form of the questions which were put to the witness calling for…
2Cases cited2 opinions
- Louisville, New Albany & Chicago Railway Co. v. WallaceIllinois Supreme Court · 1891
- Casler v. ByersIllinois Supreme Court · 1889
3Cited by7 opinions
- Peebles v. MileySupreme Court of Alabama · 1983
- Faulk & Co. v. Hobbie Grocery Co.Supreme Court of Alabama · 1912
- Sullivan v. FawverAppellate Court of Illinois · 1965
- Salomon v. StoddardAppellate Court of Illinois · 1903
- McGee v. Wilson Fisheries Co.Washington Supreme Court · 1922
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