Opinion
Gen. No. 43,760. (Abstract of Decision.)
Opinion filed February 20, 1947 Released for publication March 28, 1947
TRIAL, § 254.2 — failure to pass on new trial motion in granting judgment non obstante veredicto. Where party entered motion for new trial simultaneously with motion for judgment notwithstanding verdict, and court sustained latter motion, party could not claim prejudice in failure of court, in judgment order, to pass upon motion for new trial notwithstanding lack of conformity with Supreme Court rule, when counsel for party against whom judgment was entered was present at time of entry and failed to perform duty he owed to court and client to call court's attention to pending motion (Supreme Court Rule 22).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. ROBERT JEROME DUNNE, Judge, presiding.
Judgment order affirmed in toto. Heard in the second division, first district, this court at the June term, 1946.
Alfred M. Loeser, for appellant;
Burt A. Crowe, for certain appellee;
Carl E. Abrahamson, of counsel;
Hethy, Lister Flynn, for certain other appellee;
John A. Menk, of counsel.
Not to be published in full. Opinion filed February 20, 1947; released for publication March 28, 1947.