Summary
In Standard Statistics Co. v. Davis (1942), 317 Ill. App. 377, 45 N.E.2d 1005, the Appellate Court reversed where a motion had not been ruled upon.
Summary of this case from Schroeder v. BusenhartOpinion
Gen. No. 41,884. (Abstract of Decision.)
Opinion filed December 30, 1942
DEFAULTS, § 109 — when order vacating judgment is premature. Where plaintiff filed motion to strike defendant's verified motion to vacate default judgment on promissory note, and trial court entered order vacating judgment without first passing upon plaintiff's motion to strike, such action on part of trial court constituted error, and order so entered would be reversed and cause remanded.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. OSCAR S. CAPLAN, Judge, presiding.
Judgement order of April 30, 1941, reversed in toto and cause remanded with directions. Heard in the second division, first district, this court at the October term, 1941.
Jaffe Green, for appellant;
Jacob H. Jaffe and David H. Kraft, of counsel;
Charles H. Borden, for appellee.
"Not to be published in full." Opinion filed December 30, 1942.