TRACY v. YOST

APPEAL AND ERROR, § 2005 — notice of redocketing, waiver. Garnishee could not contend that court lacked jurisdiction to enter judgment against it because only two days' notice of motion to re-instate cause after remand upon appeal was given it, instead of 10 days' notice required by statute, where record was not complete but judgment order showed that garnishee participated in the trial on the merits, thus waiving the defective notice (Ill. Rev. Stat. 1939, ch. 110, § 212; Jones Ill. Stats. Ann. 104.088).

Opinion by PRESIDING JUSTICE O'CONNOR.

"Not to be published in full." Opinion filed October 1, 1940.