SIMON v. HORAN

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Docket Number

Gen. No. 42,827. (Abstract of Decision.)

Attorney(S)

Peden, Ryan Andreas, of Chicago, for appellant; Gerald Ryan, of Chicago, of counsel. Miller, Kamenear Margolis, of Chicago, for appellee; Samuel S. Cohon and Sidney J. Sparberg, both of Chicago, of counsel.

Judges

Opinion by JUSTICE LUPE.

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H. Simon, Trading as Public Electric Construction Company, Appellee, v. Albert J. Horan, Bailiff of Municipal Court of Chicago, Calumet Coal Company, Defendants. Appeal of Calumet Coal Company, Appellant.

JUDGMENTS, § 115 — when court had power to vacate. Where on trial of right of property action without jury, court entered finding and judgment for defendant but on motion of plaintiff, granted new trial, held trial court had jurisdiction to vacate judgment for defendant and grant new trial within 30 days from rendition of judgment (Ill. Rev. Stat. 1941, ch. 110, par. 192, ch. 77, par. 83; Jones Ill. Stats. Ann. 104.068, 104.100).

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

Opinion by JUSTICE LUPE.

Not to be published in full. Opinion filed June 30, 1944.

H. Simon, Trading as Public Electric Construction Company, Appellee, v. Albert J. Horan, Bailiff of Municipal Court of Chicago, Calumet Coal Company, Defendants. Appeal of Calumet Coal Company, Appellant.

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