Opinion
Gen. No. 44,519. (Abstract of Decision.)
Opinion filed March 1, 1949 Released for publication April 26, 1949
APPEAL AND ERROR, § 711 — grounds for dismissal of appeal. Judgment debtor's appeal from decretal order dismissing his complaint in suit to restrain sheriff from maintaining levy upon debtor's personal property was dismissed on motion of judgment creditor, who had filed intervening petition, where sheriff was the only defendant named in complaint and had not been served with summons, had not entered an appearance, and had taken no part in the proceedings.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook County; the Hon. DONALD S. McKINLAY, Judge, presiding.
Appeal dismissed. Heard in the second division, first district, this court at the October term, 1948.
Howard D. Geter, for appellant;
Prescott, Burroughs Taylor, for appellee;
A.M. Burroughs and Euclid Louis Taylor, of counsel.
Not to be published in full. Opinion filed March 1, 1949; released for publication April 26, 1949.