Opinion
Gen. No. 44,183. (Abstract of Decision.)
Opinion filed November 16, 1948 Released for publication December 2, 1948
PLEADING, § 193 — striking amended complaint.\ Where motion to strike original complaint in suit for accounting and declaration of a trust was sustained, apparently on ground that allegations of complaint showed that plaintiff had fraudulently transferred his property to defendant to defraud plaintiff's creditors, and plaintiff filed an amended complaint omitting reference to such matters, trial court could not, in passing upon subsequent motion to strike amended complaint, consider allegations in original one (Ill. Rev. Stat. 1945, ch. 110, par. 169; Jones Ill. Stats. Ann. 104.045).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. ROBERT E. CROWE, Judge, presiding.
Judgment reversed and cause remanded with directions. Heard in the second division, first district, this court at the October term, 1947.
Louis J. Victor, for appellant;
Charles D. Snewind, of counsel;
John O. Wagner, for appellee.
Not to be published in full. Opinion filed November 16, 1948; released for publication December 2, 1948.