Categories: Illinois Appellate Court Opinions

MIOLLIS v. MAZE LACTIC CULTURES, 302 Ill. App. 115 (1939)

23 N.E.2d 582

Raymond Miollis, Appellant, v. Maze Lactic Cultures, Inc. et al., Appellees. Pure Milk Association et al., Appellees.

Gen. No. 9,405. (Abstract of Decision.)Appellate Court of Illinois, Second District.
Opinion filed August 25, 1939. Rehearing stricken November 29, 1939.

COURTS, § 88[*] — jurisdiction after term. Where court dismissed complaint for want of jurisdiction of all defendants, after each defendant had moved to strike the complaint because it did not state a cause of action nor a joint cause of action against any defendant, such dismissal was erroneous, but where motion to vacate the order of dismissal was made more than 30 days after the order was entered, after term had expired, the court did not have jurisdiction to vacate that order.

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

Appeal from Circuit Court of McHenry county; Hon. WILLIAM L. PIERCE, presiding. Affirmed. Heard in this court at May term, 1939; opinion filed August 25, 1939; rehearing stricken November 29, 1939.

Thomas Hart Fisher, for appellant;

Willard C. Walters, of counsel; Schuyler Hennessy, for appellees; William C. Graves, Henry E. Jacobs and Martin Burns, of counsel.

Opinion by JUSTICE WOLFE.

“Not to be published in full.”

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