Opinion
Gen. No. 42,827. (Abstract of Decision.)
Opinion filed June 30, 1944
JUDGMENTS, § 115 — when court had power to vacate. Where on trial of right of property action without jury, court entered finding and judgment for defendant but on motion of plaintiff, granted new trial, held trial court had jurisdiction to vacate judgment for defendant and grant new trial within 30 days from rendition of judgment (Ill. Rev. Stat. 1941, ch. 110, par. 192, ch. 77, par. 83; Jones Ill. Stats. Ann. 104.068, 104.100).
See Callaghan's Illinois Digest, same topic and section number.
Petition for leave to appeal from the order of Municipal Court of Chicago granting a new trial; the Hon. N.J. BONELLI, Judge, presiding.
Order affirmed. Heard in the third division, first district, this court at the October term, 1943.
Peden, Ryan Andreas, of Chicago, for appellant;
Gerald Ryan, of Chicago, of counsel.
Miller, Kamenear Margolis, of Chicago, for appellee;
Samuel S. Cohon and Sidney J. Sparberg, both of Chicago, of counsel.
Not to be published in full. Opinion filed June 30, 1944.