Legal Opinion

Kostbade v. Telford

Appellate Court of Illinois

Decided September 10, 1973No. 11960PublishedCited by 3 opinions

1Opinion of the CourtJustice Trapp

Pursuant to the provisions of section 41 of the Civil Practice Act (Ill. Rev. Stat. 1971, ch. 110, par. 41), the court entered an order assessing costs and attorney’s fees against the plaintiff, and in favor of the defendant, in the sum of $2556.58. Plaintiff appeals.

Section 41 of the Civil Practice Act authorizes the taxing of reasonable attorney’s fees upon a finding of:

“Allegations * a * made without reasonable cause and not in good faith and found to be untrue * *

The complaint filed on March 24 was prepared for plaintiff by a man who had the status of secretary or accountant for…

2Cases cited5 opinions

  1. Grandys v. Spring Soft Water Conditioning Co.Appellate Court of Illinois · 1968
  2. Eugene Matanky & Associates, Inc. v. OnixtAppellate Court of Illinois · 1966
  3. Fred Nemerovski & Co. v. BarbaraAppellate Court of Illinois · 1969
  4. Ford Hopkins Co. v. FaberAppellate Court of Illinois · 1970
  5. Perlis v. Exchange Nat. Bank of ChicagoAppellate Court of Illinois · 1967

3Cited by3 opinions

  1. Dayan v. McDonald's Corp.Appellate Court of Illinois · 1984
  2. Niemoth v. KohlsAppellate Court of Illinois · 1988
  3. In Re Application of Cook County CollectorAppellate Court of Illinois · 1986

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