Johnson v. Clegg
Appellate Court of Illinois
Foreclosure proceeding. Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Heard in this court at the October term, 1904. Statement by the Court. In November, 1901, George Johnson and appellant, his wife, executed a trust deed upon premises therein described to secure the payment of the sum of $2,000, evidenced by three promissory notes signed by said George Johnson.
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Foreclosure proceeding. Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Heard in this court at the October term, 1904. Statement by the Court. In November, 1901, George Johnson and appellant, his wife, executed a trust deed upon premises therein described to secure the payment of the sum of $2,000, evidenced by three promissory notes signed by said George Johnson. The trust deed contained these provisions ; “It shall be lawful for the said party of the second part, or his successor in trust, or the person who may be appointed by the' court to…
1Opinion of the Court
Mr. Presiding Justice Ball
delivered the opinion of the court,
A solicitor’s fee in a foreclosure proceeding cannot be included in the costs unless it is authorized by the contract of the parties. In Conwell v. McCowan, 53 Ill., 364, it is decided that “The court erred in allowing for money advanced by the solicitor and his fee. They were not statutory fees or charges.” In Eimer v. Eimer, 47 Ill., 375, the Supreme Court say: “Under the practice of our courts, statutory costs alone are taxable, and attorney’s or solicitor’s fees not being of that character, this court has repeatedly held that it…
2Cases cited5 opinions
- Clawson v. MunsonIllinois Supreme Court · 1870
- Henke v. GunzenhauserIllinois Supreme Court · 1902
- Guignon v. Union Trust Co.Illinois Supreme Court · 1895
- People v. OrganIllinois Supreme Court · 1861
- Guignon v. Union Trust Co.Appellate Court of Illinois · 1894