Opinion
Gen. No. 41,536. (Abstract of Decision.)
Opinion filed April 23, 1941
PLEADING, § 190 — dismissal of complaint, filing answer as waiver of. Where first three complaints of plaintiff were stricken, leave given to file fourth amended complaint, the fourth complaint was dismissed on defendant's motion and thereafter defendant filed an answer and a cross complaint, such action waived the order of dismissal and created an issue between the parties, and Appellate Court could not enter any order because the answer which plaintiff was seeking to have Appellate Court order to be filed was already on file in the trial court.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. PETER H. SCHWABA, presiding.
Reversed and remanded with directions. Heard in third division, first district, this court at December term, 1940.
Cassels, Potter Bentley, for appellant;
George C. Bunge, of counsel;
Charles P. Schwartz, for appellee;
Milton M. Adelman, of counsel.
"Not to be published in full." Opinion filed April 23, 1941.