APPEAL AND ERROR, § 2018 — trial court's misconstruction of Appellate Court's judgment order and mandate. Trial court, which, after verdict for plaintiff in action for personal injuries, failed to pass on defendants' motion for new trial but granted defendants' motion for judgment notwithstanding verdict, misconstrued judgment order and mandate of Appellate Court, which, after reversing judgment on evidence, remanded cause for "disposition of defendants' motion for new trial," etc., when trial court, after remand but without exercising its own discretion in matter and solely on strength of judgment order and mandate of Appellate Court, overruled such motion and entered judgment on verdict, Appellate Court not having had jurisdiction and not having assumed to exercise jurisdiction to direct trial court as to how motion for new trial was to be disposed of.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE SULLIVAN.
Not to be published in full. Opinion filed May 23, 1944.