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Josephine Larson, Appellee, v. City of Chicago, and Walter J. Cummings and Daniel C. Green, Recei

DISCONTINUANCE, DISMISSAL AND NONSUIT, § 55 — when trial court does not abuse its discretion in setting aside order of dismissal and reinstating cause. Where plaintiff in cause on pre-trial calendar did not appear and cause was thereupon dismissed, on defendants' motion, for want of prosecution, but plaintiff, less than year thereafter, sought relief from dismissal in petition filed under section 72 of Civil Practice Act, held that, under evidence, trial court did not abuse its discretion in setting aside order of dismissal and in reinstating cause as to all of parties thereto (Ill. Rev. Stat. 1943, ch. 110, par. 196; Jones Ill. Stats. Ann. 104.072).

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

NIEMEYER, J., dissenting in part.

Opinion by PRESIDING JUSTICE O'CONNOR.

Not to be published in full. Opinion filed December 13, 1943.

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LARSON v. CITY OF CHICAGO
(Dec 13, 1943)