Opinion
Gen. No. 41,102. (Abstract of Decision.)
Opinion filed May 13, 1941 Rehearing denied June 2, 1941
APPEAL AND ERROR, § 2006 — redocketing case, effect of failure. Where three appeals had established right of intervening petitioner to foreclose purchase money mortgage as a first lien, and to acquire title by sale and expiration of redemption period, record did not show that case was not redocketed after first appeal, even if it was not redocketed later decree in petitioner's favor would prevail over earlier decree, Appellate Court judgment in first appeal would not be abandoned by failure to redocket, and appellant could not now contend case was not properly reinstated where no such question was raised in lower court.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. WILLIAM V. BROTHERS, presiding.
Order entered November 3, 1939, affirmed. Heard in second division, first district, this court at February term, 1940.
Estelle M. Wells, for appellant;
Alex Janoski, for appellees;
Norbert B. Tyrrell and Edmund J. Reynolds, of counsel.
"Not to be published in full." Opinion filed May 13, 1941; rehearing denied June 2, 1941.