{
  "id": 2813079,
  "name": "Joseph P. Junk, Trustee, for use of Frank P. Mies, Administrator, Appellee, v. Frederick Zieske, Guardian, Appellant",
  "name_abbreviation": "Junk ex rel. Mies v. Zieske",
  "decision_date": "1913-01-28",
  "docket_number": "Gen. No. 17,968",
  "first_page": "103",
  "last_page": "104",
  "citations": [
    {
      "type": "official",
      "cite": "177 Ill. App. 103"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "106 Ill. App. 524",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        2576965
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/106/0524-01"
      ]
    },
    {
      "cite": "172 Ill. 634",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        3174456
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/172/0634-01"
      ]
    }
  ],
  "analysis": {
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    "pagerank": {
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    "sha256": "4d625e164755179aa45cd078be97ee237a05d7114e63f9a057188a4202a3b333",
    "simhash": "1:1c298c055b03b4ce",
    "word_count": 476
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  "last_updated": "2023-07-14T17:19:36.081100+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Joseph P. Junk, Trustee, for use of Frank P. Mies, Administrator, Appellee, v. Frederick Zieske, Guardian, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Barnes\ndelivered the opinion of the court.\nThe appeal is from a decree of foreclosure of a trust deed which included an allowance of $100 to complainant for solicitor\u2019s fees, as provided for in the trust deed. Being reasonable it was properly allowed. Abbott v. Stone, 172 Ill. 634. And there was no error in allowing it because complainant\u2019s solicitor was a partner of complainant\u2019s usee, there being no proof that the latter was to share in the fee (Thomas v. Hamill, 106 Ill. App. 524), nor because minor heirs to one of the grantors of the trust deed were parties defendant. They were bound by its legal provisions. The court also had the right to tax as costs $25 for the guardian ad litem. Hurd\u2019s R. S. ch. 22, see. 6.\nThere is no point in the other contentions that there could be no waiver of a replication to the answer of the infant defendants, and that because there are minor defendants the complainant is not entitled to the usual costs of such a proceeding, and that the decree is indefinite in finding a certain sum due \u201cwith lawful interest thereon\u201d from a specific date until paid.\nThe decree will be affirmed.\nAffirmed.",
        "type": "majority",
        "author": "Mr. Justice Barnes"
      }
    ],
    "attorneys": [
      "Albert Wesley Gottschalk, for appellant.",
      "N. A. Beck, for appellee."
    ],
    "corrections": "",
    "head_matter": "Joseph P. Junk, Trustee, for use of Frank P. Mies, Administrator, Appellee, v. Frederick Zieske, Guardian, Appellant.\nGen. No. 17,968.\n1. Mortgages\u2014solicitors\u2019 fees. In an action to foreclose a trust deed it is proper to allow complainant the amount provided in the trust deed for solicitors\u2019 fees where it is reasonable.\n2. Mortgages\u2014solicitors\u2019 fees. In foreclosure it is not error to allow complainant solicitors\u2019 fees where his solicitor was a partner of complainant\u2019s usee, there being no proof that the latter was to share in the fee.\n3. Mortgages\u2014solicitors\u2019 fees. In foreclosure it is not error to allow complainant solicitors\u2019 fees as provided by the trust deed although the minor heirs of one of the grantors are parties defendant.\n4. Costs\u2014for guardian ad litem. Under R. S. ch. 22, \u00a7 6, the court has the right to tax costs for guardian ad litem.\n5. Pleading\u2014waiver of replication where there are infant defendants. In a foreclosure proceeding the fact that the defendants are infants does not prevent the waiver of a replication to the answer.\n6. Costs\u2014where there are minor defendants. In foreclosure the complainant is entitled to the usual costs though there are minor defendants.\n7. Mortgages\u2014foreclosure decree. In foreclosure the decree is not indefinite in finding a certain sum due \u201cwith lawful interest thereon\u201d from a specific date until paid.\nAppeal from the Superior Court of Cook county; the Hon. William F. Cooper, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911.\nAffirmed.\nOpinion filed January 28, 1913.\nAlbert Wesley Gottschalk, for appellant.\nN. A. Beck, for appellee."
  },
  "file_name": "0103-01",
  "first_page_order": 121,
  "last_page_order": 122
}