Opinion
Gen. No. 43,850. (Abstract of Decision.)
Opinion filed February 20, 1947 Released for publication March 28, 1947
REFERENCE, § 21 — defendants' right to proceed with evidence after chancellor's adverse ruling on motion to dismiss. In hearing before master, where motion to dismiss is made by defendants at close of plaintiff's evidence, master is without authority to rule on motion but should submit it to chancellor for decision, and under 1941 amendment to Civil Practice Act, such motion does not prevent defendants from offering evidence to support their defense in event decision on motion is adverse to them, and court should not enter final judgment, but should remand cause to master with directions to proceed with taking of evidence in behalf of defendants (Ill. Rev. Stat. 1945, ch. 110, par. 188(4); Jones Ill., Stats. Ann. 104.064).
See Callaghan's Illinois Digest, same topic and number.
Appeal from the Superior Court of Cook county; the Hon. DONALD S. McKINLAY, Judge, presiding.
Decretal judgment reversed in toto and cause remanded with directions. Heard in the second division, first district, this court at the October term, 1946.
Irving Breakstone, for appellants;
Ignatz Spitz, for appellees.
Not to be published in full. Opinion filed February 20, 1947; released for publication March 28, 1947.