Marshall v. New Amsterdam Cas. Co.

Full title: Helen M. Marshall, Appellant, v. New Amsterdam Casualty Company of…

Court: Appellate Court of Illinois, Chicago, First District

Date published: Feb 8, 1943

318 Ill. App. 636 (Ill. App. Ct. 1943)

48 N.E.2d 804

Opinion

Gen. No. 41,481. (Abstract of Decision.)

Opinion filed February 8, 1943 Rehearing opinion filed April 20, 1943

COSTS, § 39^_ — propriety of taxing costs of depositions. Trial court properly taxed plaintiff with costs of depositions taken by defendant, where it appeared that depositions were offered by defendant in support of its motion to dismiss complaint, and were taken pursuant to stipulation of parties, and that such depositions were considered by court in allowing defendant's motion to dismiss.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Superior Court of Cook county; Hon. WALTER R. O'MALLEY, presiding.

Judgment affirmed. Heard in second division, first district, this court at October term, 1940.

Joseph J. Augustus and Harry Goodman, for appellant;

Dent, Weichelt Hampton, for appellee.

ON REHEARING.

Opinion by JUSTICE FRIEND.

"Not to be published in full." Opinion filed February 8, 1943; rehearing opinion filed April 20, 1943.