Opinion
Gen. No. 40,416. (Abstract of Decision.)
Opinion filed February 23, 1940
FORMER ADJUDICATION, § 26 — final judgment not appealed from. In action for alleged wrongful trespass upon property of plaintiff, issue of res judicata was properly determined as question of law upon motion supported by affidavits, and where plaintiff's former action in circuit court of Cook county was dismissed at his costs, this was a final appealable order, and after failing to appeal plaintiff could not bring instant suit in superior court upon same cause of action.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. W.W. DAMRON, presiding.
Affirmed. Heard in second division, first district, at October term, 1938.
J.B. Luse, for appellant;
Nash, Ahern, McDermott, McNally, Kiley, for appellee.
"Not to be published in full." Opinion filed February 23, 1940.