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Opie v. Weaver

Appellate Court of Illinois
Sep 26, 1947
332 Ill. App. 282 (Ill. App. Ct. 1947)

Opinion

Gen. No. 10,157.(Abstract of Decision.)

Opinion filed September 26, 1947 Released for publication October 20, 1947

FORCIBLE ENTRY AND DETAINER, § 85where court was without jurisdiction to enter writ of restitution. In a forcible entry and detainer proceeding, where order was entered reciting that at a pro-trial conference parties thereto had agreed that plaintiff would lease premises to defendant until specified date and that defendant would vacate the promises promptly upon expiration of the lease, and dismissing the suit, court was without jurisdiction more than six months thereafter to vacate order of dismissal and direct issuance of writ of restitution, upon failure of defendant to vacate premises at expiration of lease (Ill. Rev. Stat. 1945, ch. 110, par. 174, subpar. 7; Jones Ill. Stats. Ann. 104.050, subpar. 7).

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

Appeal from the Circuit Court of DuPage county; the Hon. WIN G. KNOCH, Judge, presiding.

Judgment-order reversed. Heard in this court at the May term, 1947.

George W. Thoma, for appellant;

Edward F. Zahour, for appellee.


Not to be published in full. Opinion filed September 26, 1947; released for publication October 20, 1947.


Summaries of

Opie v. Weaver

Appellate Court of Illinois
Sep 26, 1947
332 Ill. App. 282 (Ill. App. Ct. 1947)
Case details for

Opie v. Weaver

Case Details

Full title:John Opie, Appellee, v. Harry G. Weaver, Appellant

Court:Appellate Court of Illinois

Date published: Sep 26, 1947

Citations

332 Ill. App. 282 (Ill. App. Ct. 1947)
75 N.E.2d 46