Simons v. University State Bank

Full title: Robert L. Simons, for use of National Builders Bank of Chicago, Appellee…

Court: Appellate Court of Illinois, First District

Date published: Dec 30, 1940

307 Ill. App. 668 (Ill. App. Ct. 1940)

31 N.E.2d 273

Opinion

Gen. No. 40,760. (Abstract of Decision.)

Opinion filed December 30, 1940

APPEAL AND ERROR, § 319^_ — acceptance of benefits, as barring appeal. In garnishment proceeding, where garnishee asked for and was allowed $100 fees under its contract with principal debtor for compensation in the event of garnishment, garnishee was precluded from appealing from order awarding plaintiff judgment for $1,414, instead of $1,514, under rule that party who consents to the entry of an order, or accepts the benefits thereof, cannot appeal therefrom.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Cook county; Hon. HARRY M. FISHER, presiding.

Affirmed. Heard in second division, first district, this court at June term, 1939.

Adams, Sokolow Rubin and Landis Landis, for appellant;

Alvin Landis, of counsel;

Ringer, Reinwald Sostrin, for appellee;

M. Lester Reinwald and Morris Sostrin, of counsel.

Opinion by PRESIDING JUSTICE FRIEND.

"Not to be published in full." Opinion filed December 30, 1940.