Legal Opinion

Smith v. Smith

Illinois Supreme Court

Decided September 15, 1873PublishedCited by 9 opinions

Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This ivas originally a suit brought by Orville D. Smith, against Edward H. Smith, Sarah D. Broad and Sarah C. Broad, for the partition of laud.

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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This ivas originally a suit brought by Orville D. Smith, against Edward H. Smith, Sarah D. Broad and Sarah C. Broad, for the partition of laud. The questions involved in this appeal grow out of the presentation of a petition in the original cause by A. H. Powers, guardian ad litem for Sarah D. Broad, to have his costs and charges taxed as costs in the case, and the refusal of the court below to allow the same. He claimed to be allowed for the following items: Money paid for taking depositions...........…

1Opinion of the CourtJustice Walker

It appears that in 1869, Orville D. Smith filed a petition for partition of certain lands, making his brother, E. H. Smith, and his half-sister, Sarah D. Broad, and his mother, Sarah C. Broad, defendants. He claimed one-third of the premises in fee, and that his brother and half-sister each owned one-third, all subject to the life estate of his mother. Sarah D. was, at the time, a minor without a guardian, but the court appointed A. H. Powers her guardian ad litem. But it fails to appear on whose motion.

The guardian ad litem employed counsel, who filed an answer and a cross-bill, tried the…

2Cases cited1 opinion

  1. Smith v. SmithIllinois Supreme Court · 1870

3Cited by9 opinions

  1. Cowie v. StrohmeyerWisconsin Supreme Court · 1912
  2. Frame v. PlumbWisconsin Supreme Court · 1909
  3. Hutchinson v. HutchinsonIllinois Supreme Court · 1894
  4. Richardson v. TysonWisconsin Supreme Court · 1901
  5. King v. Premo & King, Inc.Supreme Court of North Carolina · 1963

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