33 Ill. App. 2d 145 - Ready v. Ready’s Empirical Analysis

Citation profile

3 federal appellate · 51 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Allegations *** made without reasonable cause and found to be untrue, shall subject the party pleading them to the payment of reasonable expenses, actually incurred by the other party by reason of the untrue pleading, together with a reasonable attorney’s fee, to be summarily taxed by the court upon motion made within 30 days of the judgment or dismissal. The State of Illinois or any agency thereof shall be subject to the provisions of this Section in the same manner as any other party.” Ill. Rev. Stat. 1981, ch. 110, par. 41.”

   4 later decisions quote this exact passage · from the majority
   e.g. Pielet v. Pielet Bros. Scrap Iron & Metal, Inc. · 40 Ill. App. 3d 653 - Robbins v. Robbins

2. ““If the court should hold that such suits could be brought one after the other and if the plaintiff dismissed his suit or suffered an involuntary nonsuit before trial the sanction of section 41 would not apply, it would nullify the purpose of the statute.” 33 Ill. App. 2d 145, 161 , 178 N.E.2d 650, 658 .”

   4 later decisions quote this exact passage · from the majority
   e.g. Salem Energy Supplies & Services v. Shawnee Energy Corp. · 126 Ill. App. 3d 11 - Dayan v. McDonald's Corp.

3. ““The statute [§ 41 of Illinois Civil Practice Act, which is similar to North Dakota’s § 28-26-31, N.D.C.C.] is in derogation of the common law, but at the same time it is a remedial statute. [Citations omitted.] “ ‘In the absence of a valid and applicable statute, agreement, or stipulation expressly authorizing the allowance or taxation of attorney’s fees as costs, they are not allowable or taxable as costs * *.’ The court may properly allow costs “ * * where a suit charging fraud and misconduct is vexatious and oppressive and without any basis * * V 20 C.J.S. Costs § 218 a. Under an applicable statute so providing, attorneys’ fees may be taxed as costs where the defendant has acted in bad faith, or has been stubbornly litigious, or has caused plaintiff unnecessary expense. 20 C.J.S. Costs § 218 a. § 218 c, states: “ ‘Under a few state statutes, there exists a right to an attorney’s fee where there is a trial, or a trial before a jury; and under the federal statute, 28 U.S.C.A. § 572 , a docket fee is taxable and allowable to attorneys on a final trial before a jury or on a final hearing in equity or admiralty * *. There is considerable difference of opinion as to what constitutes a final hearing within the latter statute, some decisions holding that any order or determination resulting in a final disposition of the cause is a final hearing, and others holding that there is a final hearing only when some question of law or of fact has been submitted to the court requiring not”

   1 later decision quote this exact passage · from the majority
   e.g. Matter of Estate of Nelson