Opinion
Gen. No. 43,794. (Abstract of Decision.)
Opinion filed February 17, 1948 Released for publication March 9, 1948
CONSOLIDATION AND SEVERANCE OF ACTIONS, § 3 — propriety of severance. Where action at law against single defendant was consolidated with chancery proceeding wherein same defendant, as a party defendant in chancery proceeding, filed a counterclaim, upon entry of order striking counterclaim and dismissing complaint in chancery, law action was properly transferred to law side of court, in view of fact that such defendant had filed demand for jury trial in law action.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. PHILIP J. FINNEGAN, Judge, presiding.
Judgments entered December 17, 1945, and March 13, 1946, affirmed. Heard in the second division, first district, this court at the October term, 1946.
John T. Kelly and Joseph T. Tyrrell, for appellant;
Eckhart, Klein, McSwain Campbell, for certain appellees;
John Neal Campbell, of counsel;
Culver Mendelson, and David H. Kraft, for certain other appellees;
James B. McKeon, David H. Kraft, of counsel.
Not to be published in full. Opinion filed February 17, 1948; released for publication March 9, 1948.