Opinion
Gen. No. 40,816. (Abstract of Decision.)
Opinion filed April 8, 1940
DISCONTINUANCE, DISMISSAL AND NONSUIT, § 56 — dismissal for want of prosecution, vacation. Where proceeding to compel defendant to show cause why he should not be adjudged in contempt for failure to pay alimony was dismissed for want of prosecution in 1935, while sheriff had writ of attachment for defendant, court was without jurisdiction in 1939 to vacate order of dismissal, there being no showing to excuse failure of counsel for plaintiff to watch the case on the call.
See Callaghan's Illinois Digest, same topic and section number.
MATCHETT, P.J., dissenting.
Appeal from Circuit Court of Cook county; Hon. PHILIP J. FINNEGAN, presiding.
Reversed and remanded with directions. Heard in first division, first district, this court at October term, 1939.
Harry A. Silverstein, for appellant;
Ben Capple and Meyer Silverstein, of counsel;
James W. Milne, for appellee;
Leo J. Bartoline, of counsel.
"Not to be published in full." Opinion filed April 8, 1940.