Opinion
Gen. No. 41,011. (Abstract of Decision.)
Opinion filed July 1, 1941
JUSTICES OF THE PEACE, § 213 — dismissal of appeal, reinstatement. Where defendant sought to reinstate appeal from justice of the peace court by petition in nature of writ of error coram nobis, plaintiff's answer that defendant had ample means of knowing that his appeal was dismissed and nevertheless acquiesced in final judgment, was a mere conclusion of the pleader and was not admitted by defendant's motion to strike, after court denied such motion defendant's petition and plaintiff's answer should have been set down for hearing, and if petition were allowed the order dismissing the appeal should be vacated and the appeal set down for hearing on its merits de novo.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the County Court of Cook county; Hon. ALBERT E. ISLEY, presiding.
Reversed and remanded with directions. Heard in second division, first district, this court at December term, 1939
Walter B. Prendergast, for appellant;
James F. Lyons, for appellee;
Elwyn E. Long, of counsel.
"Not to be published in full." Opinion filed July 1, 1941.