Northern Illinois Railroad v. Racine & Mississippi Railroad

Citations

• 49 Ill. 356

Syllabus

<p>1. Costs in chancery—at what stage of the cause they may be awarded..' Where in a suit in chancery to foreclose a mortgage, a decree is rendered which settles the rights of the parties and directs a sale of the premises, but leaves the question oí costs undisposed of, and the whole case stands over to await the report of the master, the parties being retained in court in view of further probable action in the case, it is competent for the court to require the costs to be taxed at the term subsequent to that at which such decree is rendered.</p> <p>2. Same—award, of costs in chancery—discretionary. The awarding of costs in chancery cases, is a matter of discretion with the court, which this court will rarely interfere with. Frisby v. Ballance, 4 Scam. 300, and Blue v. Blue, 38 Ill. 19.</p>