Opinion
Gen. No. 44,407. (Abstract of Decision.)
Opinion filed May 10, 1949 Released for publication June 3, 1949
STAY OF PROCEEDINGS, § 1 — deference of proceedings for certiorari. Where mandamus proceedings were dismissed without a hearing on merits on ground that relators' cause of action, if any, could only be maintained by a writ of certiorari, and relators appealed from judgment of dismissal and also instituted proceedings for a writ of certiorari, latter proceedings should not have been dismissed on defendants' motion but should have been deferred until merits of appeal in mandamus proceedings had been finally determined.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook County; the Hon. JOHN A. SBARBARO, Judge, presiding.
Judgment order reversed, and cause remanded with directions. Heard in the second division, first district, this court at the April term, 1948.
John Ligtenberg, for appellants;
James C. Soper, for appellee;
Richard F. McPartlin, Jr., of counsel.
Not to be published in full. Opinion filed May 10, 1949; released for publication June 3, 1949.