Opinion
Gen. No. 44,112. (Abstract of Decision.)
Opinion filed June 16, 1947 Rehearing denied June 30, 1947 Released for publication June 30, 1947
CONTEMPT, § 76 — penalty for violation of orders which cannot be upheld as to one, power to enter order imposing. Order adjudging defendant guilty of contempt of court and imposing penalty for failure to comply with orders for production of books and records could not stand where there was no rule to show cause or request therefor against defendant as to second order and consequently there was no basis for adjudging him guilty of contempt for failure to comply with that order, especially where plaintiff, upon petition and answer, did not sustain burden of proof as to alleged failure to comply with first order.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. JOHN PRYSTALSKI, Judge, presiding.
Order reversed. Heard in the first division, first district, this court at the April term, 1947.
Hershenson Hershenson and James B. McKeon, for appellant;
Harry G. Hershenson and James B. McKeon, of counsel;
Ashcraft Ashcraft, for appellee;
Alan E. Ashcraft, Jr., of counsel.
Not to be published in full. Opinion filed June 16, 1947; rehearing denied June 30, 1947; released for publication June 30, 1947.