Opinion
Gen. No. 44,141. (Abstract of Decision.)
Opinion filed June 26, 1947 Released for publication July 8, 1947
MUNICIPAL COURTS, § 97.1 — vacating judgment and granting new trial more than 30 days after entry, propriety of. Where Municipal Court of Chicago granted judgment in favor of plaintiff in action tried without jury to recover possession of apartment, and no appeal was taken therefrom, although writ of restitution was stayed for about three months, court erred in vacating judgment after expiration of that period, sustaining motion for new trial and granting judgment for defendant, in absence of attempt to invoke jurisdiction under section 21 of Municipal Court Act, since original judgment had become final (Ill. Rev. Stat. 1945, ch. 37, par. 376; Jones Ill. Stats. Ann. 108.046).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. GEORGE L. QUILICI, Judge, presiding.
Certain orders and a judgment reversed and judgment of December 18, 1946 reinstated and affirmed. Heard in the third division, first district, this court at the June term, 1947.
Thaddeus B. Rowe, for appellant;
No appearance for appellee.
Not to be published in full. Opinion filed June 27, 1947; released for publication July 16, 1947.