Opinion
Gen. No. 41,366. (Abstract of Decision.)
Opinion filed November 20, 1940
APPEAL AND ERROR, § 885 — waiver of objections. In action for separate maintenance where injunction was granted plaintiff without notice or bond, and former appeal decided that although such injunction without notice or bond was not justified still defendant waived the point when his motion to dissolve injunction did not raise the question, although subsequently defendant amended his motion to raise the point, having waived the points he could not now raise them.
See Callaghan's Illinois Digest, same topic and section number.
DENIS E. SULLIVAN, J., dissenting.
Appeal from interlocutory order from Superior Court of Cook county; Hon. RUDOLPH F. DESORT, presiding.
Appeal dismissed. Heard in third division, first district, this court at October term, 1940.
Samuel Shamberg and Russell J. Topper, for appellant;
Russell J. Topper, of counsel;
Turner Turner, for appellee;
Maurice Turner, of counsel.
"Not to be published in full." Opinion filed November 20, 1940.