Opinion
Gen. No. 43,448. (Abstract of Decision.)
Opinion filed February 5, 1947 Released for publication February 21, 1947
APPEAL AND ERROR, § 375.1 — effect of filing notice of appeal in trial court. In action to recover damages for personal injuries sustained by plaintiff on street car loading platform, appeal was perfected and jurisdiction of Appellate Court attached when notice of appeal was filed by plaintiff in trial court and trial court's order subsequently entered which granted defendant's motion for judgment notwithstanding verdict and in alternative for new trial was void since case could not be before trial court and reviewing court at same time. (BURKE, J., specially concurring.)
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. MICHAEL L. McKINLEY, Judge, presiding.
Reversed and remanded for now trial. Heard in the third division, first district, this court at the June term, 1945.
Harry S. Posner, for appellant;
Leo S. Karlin, of counsel.
Frank L. Kriete, Harry I. Parsons and Arthur J. Donovan, for appellees;
William J. Flaherty and James O. Dwight, of counsel.
Not to be published in full. Opinion filed February 5, 1947; released for publication February 21, 1947.