Stombaugh v. Morey

Full title: Millie E. Stombaugh et al., Appellees, v. Henry M. Morey et al., Appellants

Court: Appellate Court of Illinois, Third District

Date published: Feb 28, 1946

328 Ill. App. 397 (Ill. App. Ct. 1946)

66 N.E.2d 321

Opinion

Gen. No. 9,488. (Abstract of Decision.)

Opinion filed February 28, 1946 Rehearing denied May 7, 1946 Released for publication May 8, 1946

PARTITION, § 71^_ — when taxing of costs against property was proper in partition suit. Where defendant in partition suit appealed from order taxing as costs against property allowance for plaintiffs' solicitor's fees, and defendant contended that no attorney's fees should be assessed as costs because suit was not amicable one and defendant was required to employ attorney to protect his interests, held that there was no technical rule governing exact apportionment of costs in partition suit, but court was required to apportion same equitably, and no error occurred since trial court did not abuse its discretion.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Macon county; the Hon. C.Y. MILLER, Judge, presiding.

Affirmed. Heard in this court at the February term, 1946.

James G. Allen, for appellants;

Weilepp Wilson, for appellees.

Opinion by JUSTICE WHEAT.

Not to be published in full. Opinion filed February 28, 1946; rehearing denied May 7, 1946; released for publication May 8, 1946.