Categories: Illinois Appellate Court Opinions

SIMON v. HORAN, 323 Ill. App. 527 (1944)

56 N.E.2d 147

H. Simon, Trading as Public Electric Construction Company, Appellee, v. Albert J. Horan, Bailiff of Municipal Court of Chicago, Calumet Coal Company, Defendants. Appeal of Calumet Coal Company, Appellant.

Gen. No. 42,827. (Abstract of Decision.)Appellate Court of Illinois, Chicago, First District.
Opinion filed June 30, 1944

JUDGMENTS, § 115[*] — when court had power to vacate. Where on trial of right of property action without jury, court entered finding and judgment for defendant but on motion of plaintiff, granted new trial, held trial court had jurisdiction to vacate judgment for defendant and grant new trial within 30 days from rendition of judgment (Ill. Rev. Stat. 1941, ch. 110, par. 192, ch. 77, par. 83; Jones Ill. Stats. Ann. 104.068, 104.100).

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

Petition for leave to appeal from the order of Municipal Court of Chicago granting a new trial; the Hon. N.J. BONELLI, Judge, presiding.

Order affirmed. Heard in the third division, first district, this court at the October term, 1943.

Peden, Ryan Andreas, of Chicago, for appellant;

Gerald Ryan, of Chicago, of counsel.

Miller, Kamenear Margolis, of Chicago, for appellee;

Samuel S. Cohon and Sidney J. Sparberg, both of Chicago, of counsel.

Opinion by JUSTICE LUPE.

Not to be published in full. Opinion filed June 30, 1944.

jdjungle