Opinion
Gen. No. 44,728. (Abstract of Decision.)
Opinion filed May 16, 1949 Rehearing denied May 27, 1949 Released for publication May 27, 1949
JUDGMENTS, § 5.1 — insufficieney of counter affidavit to prevent summary judgment in forcible entry and detainer. Defendant's counter affidavit, filed in opposition to plaintiff's motion for summary judgment in forcible entry and detainer action for possession of a residence, asserting that notice of termination of tenancy was defective for failure to recite that plaintiff in good faith sought possession of residence for plaintiff's son and his family, that son had lived with his mother-in-law for three years under presently existing conditions, that son had refused opportunities to rent apartments, and that there was personal animosity between plaintiff and defendant was insufficient to raise issues of fact for submission to jury; hence judgment for plaintiff on pleadings was proper (Ill. Rev. Stat. 1947, ch. 110, par. 259.15; Jones Ill. Stats. Ann. 105.15).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook County; the Hon. EDWIN A. ROBSON, Judge, presiding.
Affirmed. Heard in the first division, first district, this court at the February term, 1949.
Max Segal, for appellant;
Toft, Fitzsimons Livingston, for appellee;
Virgil Livingston, of counsel.
Not to be published in full. Opinion filed May 16, 1949; rehearing denied May 27, 1949; released for publication May 27, 1949.