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Frank v. Newburger

Appellate Court of Illinois, First District
Oct 1, 1940
306 Ill. App. 582 (Ill. App. Ct. 1940)

Opinion

Gen. No. 41,149. (Abstract of Decision.)

Opinion filed October 1, 1940

APPEAL AND ERROR, § 91.1finality of order, motion in nature of writ of error coram nobis. Where defendants in foreclosure proceedings appealed from order denying motion in nature of writ of error coram nobis, the Appellate Court held that section 72 of the Civil Practice Act applied to chancery proceedings and reversed the order, and Supreme Court then entered order dismissing petition for want of final judgment, the trial court in conformity with the mandates then vacated the foreclosure decree and granted defendants leave to plead, the instant appeal could not be entertained from an order which the Supreme Court had held not to be final and appealable.

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

Appeal from Superior Court of Cook county; Hon. CHARLES A. WILLIAMS, presiding.

Appeal dismissed. Heard in first division, first district, this court at February term, 1940.

Harry A. Biossat, for appellant;

William Friedman, for appellees;

Zeamore A. Ader of counsel.


"Not to be published in full." Opinion filed October 1, 1940.


Summaries of

Frank v. Newburger

Appellate Court of Illinois, First District
Oct 1, 1940
306 Ill. App. 582 (Ill. App. Ct. 1940)
Case details for

Frank v. Newburger

Case Details

Full title:Charles G. Frank, Trustee, Appellant, v. James M. Newburger et al.…

Court:Appellate Court of Illinois, First District

Date published: Oct 1, 1940

Citations

306 Ill. App. 582 (Ill. App. Ct. 1940)
29 N.E.2d 301