Opinion
Gen. No. 43,948. (Abstract of Decision.)
Opinion filed November 13, 1947 Released for publication December 13, 1947
APPEAL AND ERROR, § 1615 — relitigation of matters disposed of on prior appeal. Where writ of assistance to gain possession of certain premises was granted upon showing that decree of sale was entered on previous hearing and sale was held pursuant thereto at which petitioner purchased premises involved and sale was duly approved, no appeal being taken from decree of sale, but appellant filed petition to set aside homestead in premises which petition was denied and appeal from order of denial was dismissed, and on appeal from order allowing writ of assistance, held that question of right of homestead had been disposed of by previous decree and that question could not be relitigated on subsequent appeal.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. MICHAEL FEINBERG, Judge, presiding.
Judgment affirmed. Heard in the second division, first district, this court at the December term, 1946.
Heber T. Dotson, for appellant;
Harold A. Tepper, for appellee.
Not to be published in full. Opinion filed November 13, 1947; released for publication December 13, 1947.