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National Utility Ser v. ce, Inc., Appellant,

NEW TRIAL, § 96 — jurisdiction to grant. Where plaintiff recovered a money judgment in October 1946, on a contract for fees for services rendered in effecting reductions in defendant's utility rates, and defendant moved for a new trial on November 4, and motion was heard but undisposed of, and, on plaintiff's motion, judgment was reduced and satisfied of record on December 13, and plaintiff brought a second action in October 1947, for subsequently accruing fees, municipal court of City of Chicago did not have jurisdiction in December 1947, to grant defendant's motion for new trial in prior action and to vacate judgment therein and direct plaintiff to repay defendant money received in satisfaction thereof.

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

Opinion by JUSTICE KILEY.

Not to be published in full. Opinion filed January 26, 1949; rehearing denied February 11, 1949; released for publication February 15, 1949.

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NATIONAL UTILITY SERVICE v. HOWARD FOUNDRY CO
(Jan 26, 1949)