Ublasi v. Western Southern Life Ins. Co.

Full title: Josephine Ublasi, Appellee, v. Western Southern Life Insurance Company…

Court: Appellate Court of Illinois, Chicago, First District

Date published: Dec 20, 1945

327 Ill. App. 412 (Ill. App. Ct. 1945)

64 N.E.2d 233

Opinion

Gen. No. 43,345. (Abstract of Decisions.)

Opinion filed December 20, 1945 Released for publication January 8, 1946

JUDGMENTS, § 5.1^_ — requirement for entering summary judgment. In motion for summary judgment, right of moving party to judgment should be free from doubt, and judgment can only be granted where record shows there is no genuine issue as to any material fact.

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

Appeal from the Circuit Court of Cook county; the Hon. HARRY M. FISHES, Judge, presiding.

Judgment reversed and cause remanded with directions. Heard in the third division, first district, this court at the February term, 1945.

Eckert Peterson, for appellant;

Tom Leeming and Melvin L. Gibbard, of counsel;

Kelner Kelner, for appellee.

Opinion by JUSTICE BURKE.

Not to be published in full. Opinion filed December 20, 1945; released for publication January 8, 1946.