Opinion
Gen. No. 40,852. (Abstract of Decision.)
Opinion filed April 2, 1940
DISCONTINUANCE, DISMISSAL AND NONSUIT, § 29 — voluntary dismissal, reinstatement over defendant's objections. In action by attorney for fees for professional services, where plaintiff voluntarily dismissed ease and two days later upon plaintiff's motion the cause was reinstated, court had no power to set aside order of dismissal over objection of defendant in absence of fraud or excusable mistake, nor did rule 122 of the municipal court of Chicago take away plaintiff's right to enter a voluntary nonsuit, but merely placed limitations upon such right.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Municipal Court of Chicago; Hon. JOSEPH J. DRUCKER, presiding.
Judgment of April 11, 1939, and order of March 30, 1939, reversed. Heard in second division, first district, this court at October term, 1939.
Delos De John and Adolf Loeb, for appellant;
Isador Becker, pro se;
Kellam Foster, for appellee Moses Baum.
"Not to be published in full." Opinion filed April 2, 1940.