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Hobbs v. H. M. Gousha Company

Appellate Court of Illinois, First District
Feb 26, 1941
308 Ill. App. 672 (Ill. App. Ct. 1941)

Opinion

Gen. No. 41,583. (Abstract of Decision.)

Opinion filed February 26, 1941

APPEAL AND ERROR, § 2022mandate, duty of lower court to comply with. Lower court properly entered decree for money found due to plaintiff under an accounting as directed by an Appellate Court judgment, as a precise and unambiguous mandate was sufficient, the mandate and not the opinion governs when the mandate differs from the opinion, and it is the duty of the lower court to comply with the mandate without variation, even though it may be or is supposed to be erroneous.

See Callaghan's Illinois Digest, same topic and section number.

Appeal from Superior Court of Cook county; Hon. CHARLES A. WILLIAMS, presiding.

Affirmed. Heard in third division, first district, this court at October term, 1940.

Max Murdock, for appellant;

Gariepy Gariepy, for appellee;

Fred A, Gariepy, Owen Rall and John Spalding, of counsel.


"Not to be published in full." Opinion filed February 26, 1941.


Summaries of

Hobbs v. H. M. Gousha Company

Appellate Court of Illinois, First District
Feb 26, 1941
308 Ill. App. 672 (Ill. App. Ct. 1941)
Case details for

Hobbs v. H. M. Gousha Company

Case Details

Full title:Howard F. Hobbs, Appellee, v. H. M. Gousha Company, Appellant

Court:Appellate Court of Illinois, First District

Date published: Feb 26, 1941

Citations

308 Ill. App. 672 (Ill. App. Ct. 1941)
32 N.E.2d 329