Opinion
Gen. No. 42,167. (Abstract of Decision.)
Opinion filed November 17, 1942
APPEAL AND ERROR, § 588 — lack of power in trial court to enter judgment against appellant pending appeal. Where appeal by plaintiff to Appellate Court was from order vacating default judgment previously entered by municipal court of Chicago in her favor and all proceedings in cause in such court were stayed by mere filing of notice of appeal, municipal court could not thereafter hold ex parte hearing in absence of plaintiff and her attorney and enter judgment against plaintiff and in favor of defendants on latter's counterclaim.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. EDWARD J. LUCZAK, presiding.
Order reversed and cause remanded with directions. Heard in second division, first district, this court at February term, 1942.
Jacob Levy, for appellant;
Edward McTiernan, of counsel;
Max M. and Samuel Grossman, for appellees;
Sid Mogul, of counsel.
"Not to be published in full." Opinion filed November 17, 1942.