C. I. T. Corporation v. Smith

Full title: C. I. T. Corporation, Appellee, v. Levy Smith and Janie L. Smith…

Court: Appellate Court of Illinois, Chicago, First District

Date published: Apr 20, 1943

318 Ill. App. 642 (Ill. App. Ct. 1943)

48 N.E.2d 735

Opinion

Gen. No. 42,438. (Abstract of Decision.)

Opinion filed April 20, 1943

JUDGMENTS, § 5.1^_ — when entry of summary judgment improper. Summary judgments should not be entered where pleadings and affidavits raise a triable issue of fact.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Municipal Court of Chicago; Hon. THOMAS A. GREEN, presiding.

Judgment reversed and cause remanded for further proceedings. Heard in second division, first district, this court at October term, 1942.

George B. Cohen, for appellants;

Adolph M. Neuman, for appellee.

Opinion by, JUSTICE SCANLAN.

"Not to be published in full." Opinion filed April 20, 1943.