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WILHITE v. AGBAYANI

Gen. No. 9,928.

2 Ill. App.2d 29 (1954)

118 N.E.2d 440

Charles H. Wilhite et al., Plaintiffs, v. Danny C. Agbayani et al., Defendants. Valeriano M. Almazan, Counterplaintiff-Appellee, v. Charles H. Wilhite et al., Counterdefendants. Danny C. Agbayani, Appellant. Thomas J. Lipton, Inc., Counterplaintiff, v. Danny C. Agbayani et al., Counterdefendants.

Appellate Court of Illinois.

Rehearing denied April 14, 1954.

Released for publication April 14, 1954.

Attorney(s) appearing for the Case

GIFFIN, WINNING, LINDNER & NEWKIRK, of Springfield, and McLIN J. BROWN, of Hillsboro, for counterdefendant-appellant; ALFRED F. NEWKIRK, of Springfield, of counsel.

McWILLIAMS & McWILLIAMS, of Litchfield, and HENRY A. KALCHEIM, of Chicago, for counterplaintiff-appellee.

MR. JUSTICE CARROLL delivered the opinion of the court.

This is an appeal from an order of the circuit court of Montgomery county dismissing a counterclaim without prejudice on motion of the counterplaintiff.

There would appear to be no occasion for a detailed consideration of the pleadings since no questions are raised thereon. However, a summary of the events occurring in the trial court leading up to the entry of the order in question seems to be necessary...

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