Opinion
Gen. No. 42,475. (Abstract of Decision.)
Opinion filed April 6, 1944
APPEAL AND ERROR, § 1943 — remand of cause where incorrect reason indicated as basis of order of dismissal. Where complaint was dismissed purportedly for want of equity, but order of dismissal indicated that complaint was dismissed because of want of prosecution, such order would be reversed and cause would be remanded with directions that order be entered dismissing complaint for want of equity.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. CORNELIUS J. HARRINGTON, Judge, presiding.
Order reversed and cause remanded with directions. Heard in the second division, first district, this court at the October term, 1942.
Gold Liebman and Morris H. Sachs, for appellant; Charles Liebman, of counsel;
Burke, James Burke, for certain appellees; Edmund W. Burke, of counsel; Hoyne, O'Connor, Rubinkam Melaniphy, for certain other appellee; John C. Melaniphy, of counsel; Barnet Hodes, Corporation Counsel; for certain other appellee; James A. Velde and Alphonse Cerza, Assistant Corporation Counsel, of counsel.
Not to be published in full. Opinion filed April 6, 1944.