City of Chicago v. Simon

Full title: City of Chicago, Appellee, v. Lester Simon Imp. Milton H. Callner…

Court: Appellate Court of Illinois, First District

Date published: Apr 20, 1942

314 Ill. App. 404 (Ill. App. Ct. 1942)

41 N.E.2d 555

Opinion

Gen. No. 41,972. (Abstract of Decision.)

Opinion filed April 20, 1942 Rehearing denied May 13, 1942

PLEADING, § 227^_ — mode of bringing in new parties. In an action for violating a city ordinance, where there was no complaint or statement of claim filed against one of two defendants, and no service of summons on him or appearance by him, the court was without jurisdiction to pronounce judgment against him.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Municipal Court of Chicago; Hon. ERWIN J. HASTEN, presiding.

Reversed. Heard in first division, first district, this court at October term, 1941.

Levisohn Levisohn, for appellants;

Barnet Hodes, Corporation Counsel, for appellee;

James A. Velde and L. Louis Karton, Assistant Corporation Counsel, of counsel.

Opinion by JUSTICE MATCHETT.

"Not to be published in full." Opinion filed April 20, 1942; rehearing denied May 13, 1942.