Opinion
Gen. No. 41,564. (Abstract of Decision.)
Opinion filed April 15, 1941. Rehearing denied May 5, 1941.
POOR, § 31 — continuing suit after remand as a poor person. Where plaintiff had judgment against defendant, who allegedly shot him with-out provocation, and judgment was reversed and remanded for new trial by Appellate Court, plaintiff was ordered by trial court to pay Appellate Court costs or give security therefor before cause would be assigned for trial, lower court erred in denying plaintiff's motion for leave to continue with prosecution as a poor person, it being stipulated that plaintiff had become a poor person and was unable to pay the Appellate Court costs.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. PETER H. SCHWABA, presiding.
Judgment order reversed and cause remanded with directions. Heard in second division, first district, this court at December term, 1940.
Haft Shapiro, for appellant;
Morris A. Haft, of counsel;
George B. Cohen, Abraham H. Cohen and Jose Ward Hoover, for appellee.
"Not to be published in full." Opinion filed April 15, 1941; rehearing denied May 5, 1941.