CLYDE SAV. & LOAN ASS'N v. MAY DEPT. STORES

No. 80-2483.

100 Ill. App.3d 189 (1981)

426 N.E.2d 955

CLYDE SAVINGS & LOAN ASSOCIATION, Plaintiff and Counterdefendant-Appellee, v. THE MAY DEPARTMENT STORES et al., Defendants. — (ERNEST OECHSLIN, JR., Defendant and Counterplaintiff-Appellant.)

Appellate Court of Illinois — First District (2nd Division).

Opinion filed September 8, 1981.


Attorney(s) appearing for the Case

R. Marlin Smith and Ross, Hardies, O'Keefe, Babcock & Parsons, both of Chicago, for appellant.

Howard M. Hoffman, Ira Gould, and Holleb, Gerstein & Glass, Ltd., all of Chicago, for appellee.


Order affirmed.

Mr. JUSTICE PERLIN delivered the opinion of the court:

This appeal arises solely on the pleadings. Defendant, Ernest Oechslin, Jr. (Oechslin), contends that, after he had filed a counterclaim and without his consent, the trial court in violation of section 52 of the Civil Practice Act (Ill. Rev. Stat. 1979, ch. 110, par. 52) granted plaintiff, Clyde Savings & Loan Association (Clyde), leave to "withdraw its complaint."

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