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Matilda Yoelin, Administratrix with the Will Annexed of Estate of Michael Gorski, Deceased et al., Plaintiffs, v. John Kudla et al., Defendants. Walter Waishwell and Mary Waishwell, Inter

APPEAL AND ERROR, § 2006 — redocketing case, effect of failure. Where three appeals had established right of intervening petitioner to foreclose purchase money mortgage as a first lien, and to acquire title by sale and expiration of redemption period, record did not show that case was not redocketed after first appeal, even if it was not redocketed later decree in petitioner's favor would prevail over earlier decree, Appellate Court judgment in first appeal would not be abandoned by failure to redocket, and appellant could not now contend case was not properly reinstated where no such question was raised in lower court.

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

Opinion by JUSTICE SCANLAN.

"Not to be published in full." Opinion filed May 13, 1941; rehearing denied June 2, 1941.

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YOELIN v. KUDLA
(May 13, 1941)