Alswang v. Claybon

Plaintiff appeals from an order dismissing Count II of his complaint and from a denial of his motion for fees and costs brought under section 41 of the Civil Practice Act. Ill. Rev. Stat. 1973, ch. 110, par. 41.

Count I of plaintiff’s complaint alleged that defendant was indebted to him in the amount of *2,578.75 as the balance due for legal services provided during the cotuse of the prosecution of certain actions on her behalf and in the defense of defendant from a criminal charge of forgery.

Count II alleged that defendant, with the sole intent of maliciously prejudicing plaintiff’s…