Charles v. Northern Trust Company

Full title: Charles, Philip and George Moulopoulos, Appellants, v. Northern Trust…

Court: Appellate Court of Illinois, Chicago, First District

Date published: Jun 16, 1944

323 Ill. App. 439 (Ill. App. Ct. 1944)

55 N.E.2d 876

Opinion

Gen. No. 42,924. (Abstract of Decision.)

Opinion filed June 16, 1944

DISCONTINUANCE, DISMISSAL AND NONSUIT, § 38^_ — dismissal of suit for insufficiency of complaint. Where plaintiffs admitted that their amended complaint was insufficient to afford them either relief sought therein or any other relief, it followed that they likewise admitted propriety of trial court's order striking such amended complaint and dismissing suit on defendant's motion.

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

Appeal from the Circuit Court of Cook county; the Hon. JOHN PRYSTALSKI, Judge, presiding.

Order affirmed. Heard in the second division, first district, this court at the April term, 1943.

H.M. Phipps, for appellants;

Pam, Hurd Reichmann, for appellee;

Arthur M. Cox and Lester G. Britton, of counsel.

Opinion by JUSTICE SULLIVAN.

Not to be published in full. Opinion filed June 16, 1944.