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FINLEY v. CROSSLEY

Gen. No. 48,431.

33 Ill. App.2d 212 (1961)

178 N.E.2d 684

Eula Lee Mathews Finley and Henry P. Willimon, Appellants, v. Allen Crossley and John Lee and Essie B. Westbrooks, Individually and Essie B. Westbrooks, Administratrix of the Estate of Richard E. Westbrooks, Deceased, Appellees.

Appellate Court of Illinois — First District, First Division.

Rehearing denied January 8, 1962.

Attorney(s) appearing for the Case

Isaac I. Bender, of Chicago, for appellants.

Westbrooks, Holman & E.F. Johnson, of Chicago (Claude W.B. Holman, of counsel), for appellees.

MR. PRESIDING JUSTICE MURPHY delivered the opinion of the court.

This is a consolidated action in equity, in which plaintiffs seek to enforce the surety obligation on appeal bonds filed in two separate and distinct appeals in a partition suit. Plaintiffs appeal from an order of the trial court, which sustained defendants' motion to strike the second amended complaint, dismissed the consolidated action and entered judgment for defendants' costs.

The basic partition...

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