McBride v. Grusin

Full title: Thomas G. McBride et al., Appellees, v. Nat F. Grusin et al., Appellants

Court: Appellate Court of Illinois

Date published: Feb 4, 1948

333 Ill. App. 328 (Ill. App. Ct. 1948)

77 N.E.2d 351

Opinion

Gen. No. 43,983. (Abstract of Decision.)

Opinion filed February 4, 1948 Released for publication February 20, 1948

APPEAL AND ERROR, § 1075^_ — scope of review on appeal from supplemental decree. Default summary decree ("judgment"), in favor of attorneys in their suit for fees and to foreclose their lien, which decree terminated litigation between parties, could not be considered by court on appeal from supplemental decree entered subsequent to expiration of time for taking appeal from summary decree, where provision of supplemental decree, directing sale of interest of one of defendants as beneficiary under certain trust, was incidental matter expressly reserved for consideration in summary decree.

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

Appeal from the Superior Court of Cook county; the Hon. DONALD S. McKINLAY, Judge, presiding.

Decree and supplemental decree affirmed. Heard in the third division, first district, this court at the February term, 1947.

Irvin F. Richman, Harry G. Fins and Howard C. Goldman, for appellants;

Evart O. Ostberg, for appellees.

Opinion by PRESIDING JUSTICE LEWE.

Not to be published in full. Opinion filed February 4, 1948; released for publication February 20, 1948.