People ex Rel. Abraham v. Allman

2 Citing cases

  1. Mutual Management Serv. v. Swalve

    2011 Ill. App. 2d 100778 (Ill. App. Ct. 2011)   Cited 29 times
    Stating "this court is not bound by the trial court's reasoning and may affirm on any basis supported by the record, regardless of whether the trial court based its decision on the proper grounds"

    According to MMS, since “it is clear that the face of the Amended Complaint did not provide the grounds upon which the Defendants' Motion was based,” affidavits were mandatory; in the absence of any affidavits, the Swalves “failed to meet their burden on the motion.” However, MMS did not object to the absence of affidavits in the trial court, and thus it forfeited the issue on appeal. See People ex rel. Abraham v. Allman, 299 Ill.App. 189, 192–93, 19 N.E.2d 820 (1939). ¶ 7 MMS next contends that the trial court erred in determining that the Act “does not control the requirements of assignments and notices in consumer debt collection actions.” MMS argues that, when statutes conflict, specific language trumps general language; therefore, the more “specific” Act should be applied instead of the “general” UCC.

  2. Fidelity Casualty Co. v. Heitman Trust Co.

    46 N.E.2d 155 (Ill. App. Ct. 1942)   Cited 11 times
    In Fidelity Casualty Co. of New York v. Heitman Trust Co., 317 Ill. App. 256, we were required to pass upon the validity and effect of an order dismissing another and related case upon plaintiff's motion for voluntary dismissal and without compliance with section 52 of the Civil Practice Act [Ill. Rev. Stats. 1953, ch. 110, § 176; Jones Ill. Stats. Ann. 104.052]. It was there argued that the dismissal of the other case (likewise a superior court proceeding) was res adjudicata.

    Such irregularities are waived by the failure of a party to object. It was so held in People ex rel. Abraham v. Allman, 299 Ill. App. 189, wherein it was argued that the motion on which the court acted was unsupported by an affidavit as contemplated by section 48 of the Civil Practice Act, which contains procedural requirements similar to section 52 of the statute. As in the case at bar, defendant interposed no objection, and the court held that "even though a proper affidavit were not attached, such failure . . . to object amounted to a waiver of the point.