McCagg v. Touhy

The principal question in this case briefly stated is: Did the Superior Court of Cook county follow the mandate of the Branch Appellate Court of this district, issued in this case when it was heretofore before said court on a writ of error?

In determining this question, the exact language of the mandate is important and should be the starting point of any discussion of the matter involved.

After the formal opening of the mandate and the disposal of a motion to dismiss the writ of error, and after ordering the striking of some matters from the transcript which had been improperly placed therein,…