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Benjamin N. Brown, Trustee, Appellee, and United States of America, Inter v. ning Petitioner,

DISCONTINUANCE, DISMISSAL AND NONSUIT, § 54 — estoppel to question jurisdiction to vacate order of dismissal. Where defendants, after entry of order dismissing chancery case on call of no progress chancery calendar, participated in hearings before master without objection to want of jurisdiction and then offered evidence in support of their answer, defendants were "estopped" from questioning trial court's jurisdiction to vacate order of dismissal, notwithstanding that defendants had no knowledge of order when participating in proceedings before master.

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

Opinion by JUSTICE NIEMEYER.

Not to be published in full. Opinion filed June 20, 1949; released for publication July 18, 1949.

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BROWN v. McGRAW
(Jun 20, 1949)