Opinion
Gen. No. 42,110. (Abstract of Decision.)
Opinion filed October 26, 1942
DISCONTINUANCE, DISMISSAL AND NONSUIT, § 42 — involuntary dismissal for delay in prosecution. In a complaint to set aside a will and codicil, where some defendants were served and they made a motion to dismiss, and no attempt was made to serve other defendants, and more than a year later a legatee filed a motion to dismiss which was pending several months without attempt at service or other moves, the court did not err in dismissing suit for want of prosecution.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. BENJAMIN P. EPSTEIN, presiding.
Order affirmed. Heard in first division, first district, this court at February term, 1942.
Otto Baer and Marshal I. McMahon, for appellant;
Payton J. Tuohy for certain appellee;
Joseph F. Elward, for certain other appellee.
"Not to be published in full." Opinion filed October 26, 1942.