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COSMOPOLITAN NAT. BANK OF CHICAGO v. GOLDBERG

Gen. No. 47,502.

22 Ill. App.2d 4 (1959)

159 N.E.2d 1

Cosmopolitan National Bank of Chicago as Trustee Under Trust No. 5356, Plaintiff-Appellee, v. Samuel C. Goldberg, Defendant-Appellant.

Appellate Court of Illinois — First District, Third Division.

Released for publication June 22, 1959.

Attorney(s) appearing for the Case

Kurtz and Turner, of Chicago (Donald A. Kahan, of counsel) for defendant-appellant.

Ordower & Ordower of Chicago (Nathan Wolfberg, of counsel) for plaintiff-appellee.

JUSTICE BRYANT delivered the opinion of the court.

This is an appeal from an order entered in the Municipal Court of Chicago in this cause dismissing the proceeding without prejudice upon the motion of plaintiff. It is urged by defendant-appellant that the dismissal, if granted, should have been with prejudice.

The question here involves the application of § 52 of the Civil Practice Act [Ill. Rev. Stats. ch. 110], which relates to the dismissal of the...

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