Opinion
Gen. No. 10,140. (Abstract of Decision).
Opinion filed September 18, 1947 Released for publication October 7, 1947
DISCONTINUANCE, DISMISSAL AND NONSUIT, § 42 — propriety of dismissal of action for want of prosecution. In action by administratrix on promissory note allegedly due estate of decedent and for fraud in representing note was paid in full, wherein, among other things, defendants denied debt and filed sworn list of documents including checks upon which defense of payment was founded, and in which plaintiff failed to proceed with hearing after her motions to take depositions of defendants and for continuance were denied, held that dismissal of suit for want of prosecution was proper.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Will county; the Hon. JAMES V. BARTLEY, Judge, presiding.
Affirmed. Heard in this court at the February term, 1947.
William J. Bossingliam, Jr., for appellant;
Barr Barr, for appellees.
Not to be published in full. Opinion filed September 18, 1947; released for publication October 7, 1947.