COSTS, §§ 6, 80 — error in allowance. In action in ejectment and for accounting of rents and profits, sums covering cost of appeal by defendant executrix in former litigation and amount paid to her counsel for services in that litigation should not have been allowed as costs, and executrix' attorney should not have been allowed fees for defending ejectment suit, where appeal was unsuccessful and ejectment suit resulted in judgment for possession as against executrix (Ill. Rev. Stat. 1947, ch. 33, par. 8; Jones Ill. Stats. Ann. 107.045).
See Callaghan's Illinois Digest, same topic and section number.
Opinion by PRESIDING JUSTICE CULBERTSON.
Not to be published in full. Opinion filed April 27, 1948; rehearing denied May 25, 1948; released for publication May 28, 1948.