Opinion
Gen. No. 41,353. (Abstract of Decision.)
Opinion filed December 23, 1940
INSANE PERSONS, § 9.1 — unlawful commitment, pleading. In action by plaintiff against her physician and landlord for wrongfully instituting proceedings to have her adjudged insane, defended on ground that duly appointed commission found plaintiff to be insane, and answered to the effect that such report was immediately countermanded and signatures stricken, but through inadvertence the name of the acting judge remained, such reply was bad because matters contained therein were neither stated positively nor on information and belief as required by the Civil Practice Act, and also because it collaterally questioned the validity of an admitted judgment of a court of record (Ill. Rev. Stat. 1939, ch. 110, § 159; Jones Ill. State. Ann. 104.035).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. HARRY M. FISHER, presiding.
Affirmed. Heard in first division, first district, this court at October term, 1940.
Clyde C. Fisher, for appellant;
Lord, Bissell Kadyk and T. Jay Sullivan, for appellee Dr.Patrick A. Sullivan;
Edward L. Hilton and T. Jay Sullivan, of counsel.
"Not to be published in full." Opinion filed December 23, 1940.