CHARLES v. NORTHERN TRUST COMPANY, 323 Ill. App. 439 (1944)

55 N.E.2d 876

Charles, Philip and George Moulopoulos, Appellants, v. Northern Trust Company, Appellee.

Gen. No. 42,924. (Abstract of Decision.)Appellate Court of Illinois, Chicago, First District.
Opinion filed June 16, 1944

DISCONTINUANCE, DISMISSAL AND NONSUIT, § 38[*] — dismissal of suit for insufficiency of complaint. Where plaintiffs admitted that their amended complaint was insufficient to afford them either relief sought therein or any other relief, it followed that they likewise admitted propriety of trial court’s order striking such amended complaint and dismissing suit on defendant’s motion.

[*] See Callaghan’s Illinois Digest, same topic and sectionnumber.

Appeal from the Circuit Court of Cook county; the Hon. JOHN PRYSTALSKI, Judge, presiding.

Order affirmed. Heard in the second division, first district, this court at the April term, 1943.

H.M. Phipps, for appellants;

Pam, Hurd Reichmann, for appellee;

Arthur M. Cox and Lester G. Britton, of counsel.

Opinion by JUSTICE SULLIVAN.

Not to be published in full. Opinion filed June 16, 1944.