Lake View Trust Sav. Bank v. City of Chicago

Full title: Lake View Trust and Savings Bank, Appellee, v. City of Chicago, Appellant

Court: Appellate Court of Illinois, First District

Date published: Apr 20, 1942

314 Ill. App. 386 (Ill. App. Ct. 1942)

41 N.E.2d 208

Opinion

Gen. No. 41,929. (Abstract of Decision.)

Opinion filed April 20, 1942

JUDGMENTS, § 130^_ — errors open to motion in nature of writ coram nobis. Where a petition in nature of motion for writ of error coram nobis stated plaintiff had filed a suit against the city to recover a balance due upon a judgment in a condemnation suit with interest, and an oral stipulation was entered into that the case should abide the result of a similar case pending in the Supreme Court, and the case was dismissed on the call of cases not noticed for trial in two years, and thereafter the test case in the Supreme Court was decided in plaintiff's favor, the matter stated was sufficient for reinstatement of the cause.

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

Appeal from Circuit Court of Cook county; Hon. JOHN PRYSTALSKI, presiding.

Affirmed. Heard in first division, first district, this court at October term, 1941.

Barnet Hodes, Corporation Counsel, for appellant;

James A. Velde, Herbert M. Abrams and Barney Fagen, Assistant Corporation Counsel, of counsel;

Pollock Latchford, for appellee;

George P. Latchford, Jr., of counsel.

Opinion by JUSTICE MATCHETT.

"Not to be published in full." Opinion filed April 20, 1942.