Thomas v. Melmed

Full title: F. Gerald Thomas, Appellant, v. Benjamin Melmed, Appellee

Court: Appellate Court of Illinois, First District

Date published: Apr 23, 1941

310 Ill. App. 262 (Ill. App. Ct. 1941)

33 N.E.2d 919

Opinion

Gen. No. 41,266. (Abstract of Decision.)

Opinion filed April 23, 1941

DEFAULTS, § 112^_ — vacation, waiver of objection by proceeding to trial. Where plaintiff objected that default judgment in his favor was improperly vacated and defendant permitted to defend, such objection was waived by plaintiff proceeding to trial on the merits, and plaintiff was estopped from questioning ruling by trial court on the preliminary motions after having had a judgment rendered against him on the merits.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Municipal Court of Chicago; Hon. JOHN J. SONSTEBY, presiding.

Affirmed. Heard in third division, first district, this court at June term, 1940.

Lloyd C. Whitman, for appellant;

Samuel P. Gurman, for appellee.

Opinion by JUSTICE DENIS E. SULLIVAN.

"Not to be published in full." Opinion filed April 23, 1941.