Mayian v. Yellow Cab Co.

This appeal comes from an order entered in the Circuit Court of Cook County July 27, 1964 which set aside an order entered May 11, 1964 which nonsuited the plaintiff’s personal injury action on the plaintiff’s own motion. The order of July 27 “vacated and modified nunc pro tunc” the earlier order, changing it “to an order for want of prosecution.”

It is claimed by tbe appellant that after tbe appellee voluntarily dismissed Ms action, the Court was without jurisdiction to reinstate it. It is also claimed that an order nunc pro tunc may not be.used to modify or change an order where there is no…