Strum v. Berry, 185 Ill. App. 114 (1914)

Feb. 2, 1914 · Illinois Appellate Court · Gen. No. 18,457
185 Ill. App. 114

Carl Strum, Appellee, v. J. M. Berry and L. C. Berry, Appellants.

Gen. No. 18,457.

(Not to be reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. Kick-ham Scanean, Judge, presiding.

Heard in this court at the March term, 1912.

Affirmed.

Opinion filed February 2, 1914.

Statement of the Case.

Proceeding between Carl Strum against J. M. Berry and L. C. Berry in connection with the controversy narrated in a proceeding between the same parties reported on page 113, ante. The defendants to the complainant’s bill filed a cross-bill praying that the complainant be enjoined from prosecuting a suit instituted by complainant against the defendants growing out of *115the same matters alleged in the chancery suit. An injunction issued as prayed. Thereafter a demurrer to the cross-bill was sustained and the injunction dissolved and complainant filed a suggestion of damages. From a finding of the master allowing complainant two hundred and fifty dollars damages for solicitor’s fees, complainants in the cross-bill appeal.

Abstract of the Decision.

Injunction, § 321*—when allowance of solicitor's fees not excessive. On assessment of damages on dissolution of an injunction issued upon a cross-bill, allowance to complainant of two hundred and fifty dollars as solicitor’s fees held not excessive.

Miller, Gorham & Wales, for appellants.

Hehry & Robihsoh, for- appellee.

Mr. Justice McSurely

delivered the opinion of the court.