Opinion
Gen. No. 42,699. (Abstract of Decision.)
Opinion filed May 23, 1944. Opinion modified June 7, 1944.
DISCONTINUANCE, DISMISSAL AND NONSUIT, § 29 — Civil Practice Act's effect on trial court's jurisdiction to vacate voluntary dismissal and reinstate proceeding. Clause of Civil Practice Act, providing, in effect, that court may in its discretion before final judgment set aside any default, and may within 30 days after entry thereof set aside any judgment or decree upon good cause shown by affidavit, upon such terms and conditions as shall be reasonable, did not change former rule that court lacked jurisdiction to vacate judgment or order of voluntary dismissal and reinstate proceeding on petitioner's motion (Ill. Rev. Stat. 1943, ch. 110, par. 174, subpar. 7; Jones Ill. Stats. Ann. 104.050, subsec. 7).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. FRANCIS B. ALLEGRETTI, Judge, presiding.
Order in first cause reversed; order in second cause reversed and cause remanded with directions. Heard in the second division, first district, this court at the February term, 1943.
George F. Barrett, Attorney General, for appellant; William C. Wines, Assistant Attorney General, of counsel.
Hinshaw Culbertson, for appellee; Oswell G. Treadway, of counsel.
Not to be published in full. Opinion filed May 23, 1944; Opinion modified June 7, 1944.