Roby v. Chicago Title & Trust Co.
Illinois Supreme Court
Writ of Error to the Appellate Court for the First District; — heard in that court on writ of error to the Superior Court of Cook county; the Hon. A. H. Chetlain, Judge, presiding. This 'is a writ of error to the Appellate Court for the First District to review the judgment of that court affirming a decree of foreclosure and sale of the superior court of Cook county.
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Writ of Error to the Appellate Court for the First District; — heard in that court on writ of error to the Superior Court of Cook county; the Hon. A. H. Chetlain, Judge, presiding. This 'is a writ of error to the Appellate Court for the First District to review the judgment of that court affirming a decree of foreclosure and sale of the superior court of Cook county. The Appellate Court, in deciding this case, made the following statement of facts: “Defendants in error filed their bill in the superior court agaiust plaintiffs in error to foreclose a trust deed made by plaintiffs in error to…
1Opinion of the CourtJustice Hand
It is first contended that the court erred in allowing solicitor’s fees. We deem the allegations of the bill sufficient to justify the allowance of solicitor’s fees, and the plaintiffs in error being in default and having failed to except to the master’s report, and a decree pro confesso having been entered against them, they are precluded from questioning the competency or sufficiency of the evidence to support the decree. (Pennell v. Lamar Ins. Co. 73 Ill. 303; Cheltenham Improvement Co. v. Whitehead, 128 id. 279; Kinsella v. Cahn, 185 id. 208; Manchester v. McKee, 4 Gilm. 511; Glos v.…
2Cases cited2 opinions
- Constant v. MattesonIllinois Supreme Court · 1859
- Pennell v. Lamar InsuranceIllinois Supreme Court · 1874
3Cited by9 opinions
- Williams v. WilliamsIllinois Supreme Court · 1906
- Bennett v. Benton State BankAppellate Court of Illinois · 1928
- Brueggemann v. YoungAppellate Court of Illinois · 1906
- Curran v. Harris Trust & Savings BankAppellate Court of Illinois · 1954
- Harris v. SchillingAppellate Court of Illinois · 1903
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