{
  "id": 5296609,
  "name": "John Gunzenhauser, Impleaded, etc., v. William D. Henke",
  "name_abbreviation": "Gunzenhauser v. Henke",
  "decision_date": "1901-10-10",
  "docket_number": "",
  "first_page": "485",
  "last_page": "487",
  "citations": [
    {
      "type": "official",
      "cite": "97 Ill. App. 485"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "94 Ill. App. 294",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        5291681
      ],
      "weight": 2,
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/94/0294-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 188,
    "char_count": 3383,
    "ocr_confidence": 0.593,
    "pagerank": {
      "raw": 1.2240919645422112e-07,
      "percentile": 0.6012420029121389
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    "sha256": "74c31ffdaaa562be1cbdf049d1f2bf3285cdfe59a31f47bce9299b62edaf3fdb",
    "simhash": "1:bd3010fe129be726",
    "word_count": 582
  },
  "last_updated": "2023-07-14T17:10:34.341512+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John Gunzenhauser, Impleaded, etc., v. William D. Henke."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Sears\ndelivered the opinion of the court.\nThis suit is to foreclose a trust deed in the nature of a mortgage upon real estate. The cause has proceeded to a final decree of foreclosure and sale, from which decree this appeal is prosecuted. The only complaint of appellant, who is the owner of the equity of redemption in the mortgaged land, is that the decree provides for the payment out of the funds realized from the foreclosure sale, the sum of $625 as solicitor\u2019s fees, to which the complainant\u2019s solicitors are found to be entitled for services in the foreclosure proceeding. The contract expressed in the trust deed for allowance of solicitor\u2019s fees upon a foreclosure of the same provides for the allowance of $100 only.\nAnother and different provision of the trust deed is for the allowance of all costs and attorney\u2019s fees incurred or paid by the grantor in the trust deed or the bolder of the notes secured, in any suit in which either of them may be plaintiff or defendant by reason of being a party to the trust deed or holder of the notes. It is plain that the former specific provision for solicitor\u2019s fees in the foreclosure suit governs here, and not the general provision as to'such expenses incurred in other suits. Atwood v. Whittemore, 94 Ill. App. 294; and Loughridge v. Podrasnik, 9642 of this court, not reported.\nIn Atwood v. Whittemore, supra, we held that the allowance of a sum as solicitor\u2019s fees for the carrying on of the foreclosure suit, to be paid out of the sum realized upon foreclosure sale, was a matter resting entirely upon the contract of the parties and limited by such contract.\nIn Loughridge v. Podrasnik, supra, this doctrine was re-asserted.\nWe regard these decisions as applying and governing in this appeal.\nThe decree is therefore reversed to the extent of \u00a7525 of the sum. allowed as solicitor\u2019s fees, and in all other respects it is affirmed. The costs of this appeal are adjudged against . \u2022 the appellee. Affirmed in part and reversed in part.",
        "type": "majority",
        "author": "Mr. Justice Sears"
      }
    ],
    "attorneys": [
      "Runyan & Runyan, attorneys for appellant.",
      "Julius & Lessing Rosenthal, attorneys for appellee."
    ],
    "corrections": "",
    "head_matter": "John Gunzenhauser, Impleaded, etc., v. William D. Henke.\n1. Foreclosure \u2014 Allowance of Solicitor's Fees. \u2014 The allowance as solicitor\u2019s fees for the carrying on of a suit in foreclosure to be paid out of the sum realized from the sale, is a matter resting entirely upon the contract of the parties as contained in the instrument being foreclosed and is limited to the amount specified in such contract.\n2. Same \u2014 Not to be Controlled by General Clauses. \u2014 Where the con-tract expressed in the instrument being foreclosed, for the allowance of solicitor\u2019s fees provides for the allowance of the sum of \u00a7100 only, and another and different clause provides for the allowance of all costs and attorney\u2019s fees incurred or paid by the holder of the instrument or the notes secured by it in any suit in which either of them may be plaintiff or defendant by reason of being a party to the trust deed or holder of the notes, it is the specific provision for solicitor\u2019s fees which governs and not the general one as to expenses incurred in other suits.\nForeclosure of Trust Deed. \u2014 Appeal from the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. Heard in this court at the October term, 1900.\nAffirmed in part and reversed in part.\nOpinion filed October 10, 1901.\nRunyan & Runyan, attorneys for appellant.\nJulius & Lessing Rosenthal, attorneys for appellee."
  },
  "file_name": "0485-01",
  "first_page_order": 511,
  "last_page_order": 513
}