Opinion
Gen. No. 41,327. (Abstract of Decision.)
Opinion filed November 20, 1940
JUDGMENTS, § 130 — motion in nature of writ of error coram nobis. Motion in nature of writ of error coram nobis was properly stricken, where mortgagor contended that he was not given proper notice of final report of receiver in foreclosure proceedings, but such notice was given his attorney of record 25 days after expiration of period of redemption, and mortgagor also contended that receiver fraudulently concealed fact that vermin exterminators hired by him caused an explosion and fire which injured mortgagor, who was a tenant of the premises, but petition did not directly charge that receiver had notice or knowledge of the accident, nor did it allege that receiver failed to use due care in selection of the exterminators.
See Callaghan's Illinois Digest, same topic and section number.
DENIS E. SULLIVAN, J., dissenting.
Appeal from Circuit Court of Cook county; Hon. ROBERT J. DUNNE, presiding.
Affirmed. Heard in third division, first district, this court at June term, 1940.
Fred Albert, for appellant;
Norman C. Barry, for appellee;
Harold L. Reeve, Norbert B. Tyrrell and Daniel S. Wentworth, Jr., of counsel.
"Not to be published in full." Opinion filed November 20, 1940.