Ptacek v. Coleman

Edward Ptacek brought an action in the municipal court of Chicago against H. J. Coleman, H. J. Clark and M. J. Moran to recover $5779.37 under a re-purchase agreement. Issues were joined by Coleman and Clark. The cause was heard upon a stipulation of facts and argued by counsel. After a continuance plaintiff orally moved the court for a non-suit. Defendants objected for the reason that the cause had been heard and submitted for decision and because no special motion had been filed setting up the grounds for the dismissal, supported by affidavit. The objection was overruled and a non-suit was…