Opinion
Gen. No. 43,870. (Abstract of Decision.)
Opinion filed November 13, 1947 Released for publication December 13, 1947
FORMER ADJUDICATION, § 118 — estoppel by judgment of person not party to record. In action in forcible detainer to recover possession of premises, where trial court rejected certain exhibits offered by plaintiff which clearly showed that at a previous trial in another court, involving the same premises, there was a privity of interest between plaintiff and defendant, and the question whether or not the premises were for business or living purposes was directly put in issue and decided, and record in present case showed that same question was involved, held that a person, even though not a party to a proceeding, may be bound by a judgment or decree entered therein if it appears that the suit was instituted for his or her interest or benefit, or that he or she advised in such proceeding, and that the exhibits offered in evidence should have been admitted and that it was error to reject them.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. SAMUEL HELLER, Judge, presiding.
Judgment reversed and cause remanded with directions. Heard in the second division, first district, this court at the October term, 1946.
Jesse Marcus, for appellant;
Braden, Hall, Barnes Blakey, for appellee;
Zedrick T. Braden, of counsel.
Not to be published in full. Opinion filed November 13, 1947; released for publication December 13, 1947.