Zimel v. Southern Pacific Co.

Full title: Max Zimel, Trading as Zimel Fruit Company, Appellee, v. Southern Pacific…

Court: Appellate Court of Illinois, First District

Date published: Mar 24, 1942

314 Ill. App. 198 (Ill. App. Ct. 1942)

40 N.E.2d 830

Opinion

Gen. No. 41,927. (Abstract of Decision.)

Opinion filed March 24, 1942

DISCONTINUANCE, DISMISSAL AND NONSUIT, § 29^_ — when reinstatement improper. Where a suit was dismissed for want of prosecution and more than 30 days thereafter a motion to reinstate, supported by affidavits, was made, since there was neither fraud, accident nor mistake involved, and the affidavits failed to set forth diligence and want of negligence on the part of the plaintiff and his legal representatives, the order reinstating the case was erroneous.

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

Appeal from Municipal Court of Chicago; Hon. VICTOR A. KULA, presiding.

Order reversed. Heard in second division, first district, this court at October term, 1941.

John A. Sheean, for appellant;

Golbus, Golbus, for appellee.

Opinion by JUSTICE FRIEND.

"Not to be published in full." Opinion filed March 24, 1942.