Legal Opinion

Washburne v. Burke

Appellate Court of Illinois

Decided October 20, 1899PublishedCited by 3 opinions

Suit oil Replevin Bond.—Trial in the County Court of Cook County, on appeal from a justice of the peace ; the Hon. C. F. Wheat, Judge, presiding. Verdict and judgment for plaintiffs ; appeal by defendants. Heard in the Branch Appellate Court at the October term, 1899.

1Opinion of the CourtJustice Shepard

This appeal is from a judgment in a suit begun before a justice of the peace upon a replevin bond, and appealed to the County Court, and there tried before a jury.

At the instance of the plaintiffs in the suit (appellees here) the County Court instructed the jury that they might include in their verdict the “ usual and customary attorney’s fees for trying this case, as well as the original replevin suit.”

It was proved that the reasonable and usual value of the services of appellees’ attorney in trying the present case was thirty-five dollars, and there is no doubt but that amount was included…

2Cases cited3 opinions

  1. Nickerson v. BabcockIllinois Supreme Court · 1863
  2. Easter v. BoydIllinois Supreme Court · 1875
  3. Siegel v. HanchettAppellate Court of Illinois · 1889

3Cited by3 opinions

  1. St. Joseph Hospital v. Corbetta Construction Co.Appellate Court of Illinois · 1974
  2. Hall v. Chicago & North Western Railway Co.Appellate Court of Illinois · 1953
  3. Fraser v. ColeCourt of Appeals for the Seventh Circuit · 1914

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