Burrows v. Merrifield
Illinois Supreme Court
Writ of Error to the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Edgar Eldredge, Judge, presiding. The complainants filed a bill in chancery in the circuit court of LaSalle county against the defendants for the appointment of a receiver of the Western Cottage Piano and Organ Company, a corporation, and for other relief.
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Writ of Error to the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Edgar Eldredge, Judge, presiding. The complainants filed a bill in chancery in the circuit court of LaSalle county against the defendants for the appointment of a receiver of the Western Cottage Piano and Organ Company, a corporation, and for other relief. A receiver was appointed, and upon the filing of an answer the complainants dismissed their bill, whereupon the court entered an order fixing the compensation of the receiver at $1000 and its…
1Opinion of the CourtJustice Hand
It is provided by section 18 of chapter 33 of the Revised Statutes (Hurd’s Stat. 1908, p. 583,) that “upon the complainant dismissing his bill in equity, or the defendant dismissing the same for want of prosecution, the defendant shall recover against the complainant full costs,” and that the recovery of costs in all other cases in chancery not otherwise directed by law shall rest in the discretion of the court. . It was held in McAnrow v. Martin, 183 Ill. 467, that the compensation of a receiver, including his solicitor’s fees, falls within the meaning of the term “costs,” as used in the…
2Cases cited3 opinions
- McMullen v. ReynoldsIllinois Supreme Court · 1904
- Wilson v. ClayburghIllinois Supreme Court · 1905
- McAnrow v. MartinIllinois Supreme Court · 1899
3Cited by6 opinions
- James H. Rice Co. v. McJohnIllinois Supreme Court · 1910
- Feldman v. Illinois State Pawners Ass'nAppellate Court of Illinois · 1935
- Schmidt v. JohnsonAppellate Court of Illinois · 1922
- Stella v. MoseleAppellate Court of Illinois · 1940
- Gibb v. DominyAppellate Court of Illinois · 1910
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