Legal Opinion · Dissent

Ritter v. Ritter

Appellate Court of Illinois

Decided March 2, 1942Published

1DissentJustice Dady

I disagree with the majority opinion for the reasons set forth in my dissent in the previous appeal of this case, as reported in 308 Ill. App. 337.

In my opinion there are no novel facts in the present case which warrant a departure from the general rule that attorneys’ fees and expenses of litigation cannot be recovered as damages by a plaintiff who has been forced into litigation with a defendant by reason of defendant’s wrongful conduct, where such plaintiff has been successful in such litigation. The majority opinion indicates that there is no case to be found in point and yet recovery was…

2Cases cited6 opinions

  1. Stickney v. GowardSupreme Court of Minnesota · 1925
  2. Perlus v. SilverWashington Supreme Court · 1912
  3. Van Horne v. TreadwellCalifornia Supreme Court · 1913
  4. Leslie v. CarterSupreme Court of Missouri · 1916
  5. Toop v. PalmerNebraska Supreme Court · 1922

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