Bond v. Dunmire

2 Citing cases

  1. Giannopoulos v. John Laurence Kienlen, P.C.

    2016 Ill. App. 2d 151269 (Ill. App. Ct. 2016)

    ΒΆ 18 Plaintiffs contend that the trial court's dismissal was effectively for stylistic reasons concerning the drafting of the complaint rather than for defects in the substance of the cause of actions asserted. They cite Bond v. Dunmire, 129 Ill. App. 3d 796, 804 (1984), which states: "Moreover, section 2-612(b) of the Code of Civil Procedure provides a test for defects of substance where a pleading is attacked. [Citations.] According to this test, allegations of legal conclusions and allegations of evidence constitute merely formal defects and not defects of substance.

  2. Barth v. Reagan

    146 Ill. App. 3d 1058 (Ill. App. Ct. 1986)   Cited 24 times
    In Barth, the court held that the attorney's fee provision was "designed to prevent [the trustee] from having to pay fees arising because of litigation to which it [was] incidentally joined because of its position as trustee" and could not "rationally be construed as allowing a trustee to recover attorneys' fees incurred as a result of litigation involving allegations of misconduct on the part of the trustee."

    At first glance there appears to be validity to plaintiff's assertion that the two causes of action in question are different. Upon closer examination, however, we are of the opinion that the two actions must be regarded as the same and that the Cook County judgment is res judicata of the claims plaintiff seeks to litigate here. In Builders Plumbing Supply Co. v. Zambetta (1986), 143 Ill. App.3d 188, 192, and Lester v. Arlington Heights Federal Savings Loan Association (1985), 130 Ill. App.3d 233, 238, this court recently said that the test for determining when two causes of action are the same is whether they are based upon the same facts or whether the same evidence would be necessary to sustain both actions. This test has been employed in numerous other cases. E.g., Bond v. Dunmire (1984), 129 Ill. App.3d 796, 800; Edwards v. City of Quincy (1984), 124 Ill. App.3d 1004, 1011; Village of Northbrook v. County of Cook (1980), 88 Ill. App.3d 745, 750; Pierog v. H.F. Karl Contractors, Inc. (1976), 39 Ill. App.3d 1057, 1061. In the case before us, plaintiff's second amended complaint against Northbrook contains the same factual allegations of forgery and lack of notice regarding the loans, defaults and foreclosure proceedings that plaintiff raised in her petition for equitable redemption in Cook County.