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KOENIG v. NARDELLO

Gen. No. 52,549.

99 Ill. App.2d 480 (1968)

241 N.E.2d 567

Bernard Koenig, Plaintiff-Appellee, v. Louis Nardello, Defendant-Appellant.

Appellate Court of Illinois — First District, First Division.

September 30, 1968.

Attorney(s) appearing for the Case

George F. Barrett, of Chicago (Michael J. McArdle, of counsel), for appellant.

Sudak & Grubman, and Maxfield Weisbrod, of Chicago (Maxfield Weisbrod, of counsel), for appellee.

MR. JUSTICE MURPHY delivered the opinion of the court.

This is a personal injury action in which defendant filed an answer and a jury demand. When the case was regularly reached for trial on May 9, 1967, the assignment judge denied a request of defendant's counsel for a continuance because defendant was out of town and unavailable. The case was then assigned to a magistrate where, on the assumption of both court and counsel that a default order had been entered by...

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