Opinion
Gen. No. 42,612. (Abstract of Decision.)
Opinion filed February 10, 1944 Rehearing denied March 9, 1944
COURTS, § 92 — pending proceeding in municipal court to vacate judgment as defeating superior court's jurisdiction of complaint to vacate same judgment. When petition in nature of bill in equity to vacate municipal court's judgment against garnishee for lack of legal service of summons was pending in that court, superior court was without jurisdiction of complaint to vacate same judgment (Ill. Rev. Stat. 1941, ch. 37, par. 376; Jones Ill. Stats. Ann. 108.046).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. JOSEPH A. GRABER, Judge, presiding.
Order affirmed. Heard in the second division, first district, this court at the April term, 1943.
George M. Tearney, for appellant;
Allen Darlington, for appellees;
Glynn J. Elliott, of counsel.
Not to be published in full. Opinion filed February 10, 1944; rehearing denied March 9, 1944.