Opinion
Gen. No. 42,644. (Abstract of Decision.)
Opinion filed December 14, 1943
JUDGMENTS, § 166 — propriety of placing cause on trial call pursuant to defendant's petition for writ of error coram nobis. Where Appellate Court had, on each of three successive appeals, held, in effect at least, that county court had jurisdiction under defendant's petition for writ of error coram nobis and, following third appeal, plaintiff was afforded opportunity, in county court, to adduce evidence in opposition to petition but declined to avail himself of such privilege, county court had no alternative except to allow petition on proof adduced, vacate judgment, reinstate cause, and order it placed on trial call for hearing (Ill. Rev. Stat. 1943, ch. 110, par. 196; Jones Ill. State. Ann. 104.072).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the County Court of Cook county; the Hon. ALBERT E. ISLEY, Judge, presiding.
Order affirmed. Heard in the second division, first district, this court at the April term, 1943.
Walter B. Prendergast and Charles P.R. Macaulay, for appellant;
James F. Lyons and Elwyn E. Long, for appellee.
Not to be published in full. Opinion filed December 14, 1943.