Opinion
Gen. No. 43,946. (Abstract of Decision.)
Opinion filed December 30, 1947 Released for publication January 28, 1948
DISCONTINUANCE, DISMISSAL AND NONSUIT, § 30 — waiver of objections to reinstatement. Where court on motion of plaintiff reinstated divorce action which previously had been dismissed on motion of plaintiff, without leave being given at that time to move to set it aside, and subsequently defendant appeared and contested plaintiff's petition for alimony on merits by filing answer thereto, but did not limit his appearance or make any protest as to court's jurisdiction, defendant by participating under general appearance in alimony proceeding waived his right to object to reinstatement of action.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. PETER H. SCHWABA, Judge, presiding.
Reversed and remanded with directions. Heard in the second division, first district, this court at the December term, 1946.
John Benedek and Stephen Lee, for appellant;
James W. Breen, for appellee.
Not to be published in full. Opinion filed December 30, 1947; released for publication January 28, 1948.