Opinion
Gen. No. 43,774. (Abstract of Decision.)
Opinion filed June 20, 1949 Released for publication July 18, 1949
DISCONTINUANCE, DISMISSAL AND NONSUIT, § 54 — estoppel to question jurisdiction to vacate order of dismissal. Where defendants, after entry of order dismissing chancery case on call of no progress chancery calendar, participated in hearings before master without objection to want of jurisdiction and then offered evidence in support of their answer, defendants were "estopped" from questioning trial court's jurisdiction to vacate order of dismissal, notwithstanding that defendants had no knowledge of order when participating in proceedings before master.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. PHILIP J. FINNEGAN, Judge, presiding.
Affirmed. Heard in the first division, first district, this court at the October term, 1946;
Chapman Cutler, for appellants;
Perry M. Chadwick, of counsel;
Albert J. Woll, for certain appellee;
Joseph M. Solon, of counsel;
Nelson, Boodell Grant, for certain other appellee;
Thomas P. Grant and J.E. Porter, of counsel.
Not to be published in full. Opinion filed June 20, 1949; released for publication July 18, 1949.