From Casetext: Smarter Legal Research

Wagner v. Wagner

Appellate Court of Illinois
Nov 3, 1947
332 Ill. App. 441 (Ill. App. Ct. 1947)

Opinion

Gen. No. 44,136. (Abstract of Decision.)

Opinion filed November 3, 1947 Released for publication November 18, 1947

REPLEVIN, § 39filing of complaint not jurisdictional. In replevin action involving automobile and truck, court had jurisdiction to enter judgment for plaintiff although latter's complaint, alleging her right to the property, was filed about four months after affidavit for replevin and on same day as trial, since filing of complaint was not jurisdictional and no objection to its being filed on day of trial was indicated by record (Ill. Rev. Stat. 1945, ch. 119, par. 17a; Jones Ill. Stats. Ann. 109.516).

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

Appeal from the Circuit Court of Cook county; the Hon. PAUL A. JONES, Judge, presiding.

Affirmed. Heard in the first division, first district, this court at the June term, 1947.

Joseph C. Kanak and Harvey L. Cavender, for appellant;

David C. Ruttenberg and Marvin H. Ruttenberg, for appellee.


Not to be published in full. Opinion filed November 3, 1947; released for publication November 18, 1947.


Summaries of

Wagner v. Wagner

Appellate Court of Illinois
Nov 3, 1947
332 Ill. App. 441 (Ill. App. Ct. 1947)
Case details for

Wagner v. Wagner

Case Details

Full title:Florence Wagner, Appellee, v. Frank Wagner, Appellant

Court:Appellate Court of Illinois

Date published: Nov 3, 1947

Citations

332 Ill. App. 441 (Ill. App. Ct. 1947)
75 N.E.2d 390