In re Petition of White

Full title: In re Petition of Edward White. Edward White, Appellant, v. Moses O…

Court: Appellate Court of Illinois, First District

Date published: Oct 31, 1939

302 Ill. App. 69 (Ill. App. Ct. 1939)

23 N.E.2d 401

Opinion

Gen. No. 40,309. (Abstract of Decision.)

Opinion filed October 31, 1939. Rehearing denied November 15, 1939.

APPEAL AND ERROR, § 2031^_ — Supreme Court transferring case because constitutional question not involved, adjudications on other points. Where body execution was issued after plaintiff obtained judgment for assault, Appellate Court would follow Supreme Court's opinion holding adversely to defendant even though case was transferred to Appellate Court because no constitutional question was involved, after Supreme Court refused to delete adjudications on points other than the constitutional question.

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

Appeal from County Court of Cook county; Hon. ALBERT E. ISLEY, presiding. Affirmed. Heard in second division, first district, at October term, 1937; opinion filed October 31, 1939; rehearing denied November 15, 1939.

Ellis Westbrooks, for appellant; Richard E. Westbrooks, of counsel; Hubbard, Baker Rice, for appellee.

Opinion by JUSTICE FRIEND.

"Not to be published in full."