Categories: Illinois Appellate Court Opinions

HILLMER v. CLARKE, 316 Ill. App. 445 (1942)

45 N.E.2d 65

Armin F. Hillmer, Appellant, v. Harley L. Clarke, Appellee. Chicago Bank of Commerce et al., Defendants.

Gen. No. 42,194. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed November 17, 1942

APPEAL AND ERROR, § 761[*] — effect of transfer of cause from Supreme to Appellate Court. Where, although only points presented and only questions argued in Supreme Court involved construction of provision of constitution and constitutionality of statute, and appellee moved for dismissal of appeal, but Supreme Court held that appellee should have moved, not for dismissal, but for transfer of cause to Appellate Court, and transferred cause to such latter court, alleged constitutional questions were thereby resolved adversely to appellant.

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

Appeal from Superior Court of Cook county; Hon. CHARLES A. WILLIAMS, presiding.

Orders affirmed. Heard in second division, first district, this court at September term, 1941.

Leonard Leonard, Owens Owens, and John A. Russell, for appellant;

Gordon McLeish Leonard, Edmund G. Pabst and George Edward Leonard, Jr., of counsel;

Rosenberg, Stein Rosenberg, for appellee;

Merwin S. Rosenberg, of counsel.

Opinion by JUSTICE FRIEND.

“Not to be published in full.” Opinion filed November 17, 1942.

Page 446

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