Categories: Illinois Appellate Court Opinions

FRANCKE v. EADIE, 306 Ill. App. 296 (1940)

28 N.E.2d 582

A. W. Francke et al., Appellants, v. William W. Eadie et al., Appellees.

Gen. No. 9,415. (Abstract of Decision.)Appellate Court of Illinois.
Opinion filed June 28, 1940 Rehearing denied August 1, 1940

ABATEMENT AND REVIVAL, § 4[*] — death of party, applicability of Civil Practice Act. Where summons was issued and pleadings filed many years prior to January 1, 1934, and state of the pleadings remained the same as they originally existed except for plea in abatement filed by executor of one of the original parties, the settlement of the pleadings was governed by the course of practice in force prior to the Civil Practice Act, and cause was properly abated as to party who died (Ill. Rev. Stat. 1939, ch. 110, § 259.1; Jones Ill. Stats. Ann. 105.01).

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

Appeal from Circuit Court of Jo Daviess county; Hon. LEON A. ZICK, presiding.

Affirmed. Heard in this court at February term, 1939.

Walter E. Healy and Harry L. Heer, for appellants;

Burrell Burrell and Nack Nack, for appellee;

David M. Burrell, of counsel.

Opinion by JUSTICE HUFFMAN.

“Not to be published in full.” Opinion filed June 28, 1940; rehearing denied August 1, 1940.

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