STATE OF MAINE DEPT. OF HUMAN SERV. v. SMAIL

No. 17080.

100 Ill. App.3d 997 (1981)

427 N.E.2d 636

STATE OF MAINE DEPARTMENT OF HUMAN SERVICES ex rel. DOLORES L. SMAIL, Petitioner-Appellant, v. DONALD L. SMAIL, Respondent-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed October 15, 1981.


Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Chicago (Patricia Rosen, Assistant Attorney General, of counsel), for appellant.

Robert I. Auler, of Auler Law Offices, of Urbana, for appellee.


Judgment affirmed.

Mr. JUSTICE GREEN delivered the opinion of the court:

This case concerns an unusual application of section 41 of the Civil Practice Act, which states:

"Allegations and denials, 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...

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