La Salle Mortgage & Discount Co. v. Continental Illinois National Bank & Trust Co.

Full title: La Salle Mortgage and Discount Company, Appellee, v. Continental Illinois…

Court: Appellate Court of Illinois, First District

Date published: Mar 11, 1941

309 Ill. App. 136 (Ill. App. Ct. 1941)

32 N.E.2d 643

Opinion

Gen. No. 40,476. (Abstract of Decision.)

Opinion filed March 11, 1941 Rehearing denied March 27, 1941

APPEAL AND ERROR, § 327^_ — delay, loss of right because of. Where defendant filed motion to vacate accounting of trustee, which was not a final determination as to defendant's interest in funds accounted for, but she did not move to vacate order of distribution, which was a final determination, and she did not appeal from order of distribution within time required, defendant was not entitled to a hearing on the merits as to the distribution order.

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

Appeal from Circuit Court of Cook county; Hon. JOSEPH H. BURKE, presiding.

Order of May 13, as modified, affirmed. Appeal from order of May 18, 1937, dismissed. Heard in second division, first district, this court at February term, 1939.

Frederic Ullmann, for appellant;

West Eckhart, for certain appellee;

Maurice L. Davis, for certain other appellee; John Neal Campbell and Maurice L. Davis, of counsel;

Opinion by JUSTICE JOHN J. SULLIVAN.

"Not to be published in full." Opinion filed March 11, 1941; rehearing denied March 27, 1941.