Galeener v. Hessel

Mr. Presiding Justice Fulton

delivered the opinion of the court.

The appellee, William K. Graleener, termed plaintiff in this opinion, filed his complaint in the circuit court of Champaign county, against the appellant J. Fred Hessel, the defendant in the cause, on January 25, 1936, and summons was duly served upon the said defendant. On January 30, 1936, the plaintiff moved to dismiss the complaint and the court ordered the cause dismissed at the cost of the plaintiff. It appearing that all costs had been paid, the cause was stricken from the docket. No notice was served upon the defendant or…