Legal Opinion · Dissent

Shady v. Shady

Appellate Court of Illinois

Decided March 28, 1973No. 72-180Published

1DissentJustice Dixon

I cannot agree that the trial court did not have jurisdiction of the person of the defendant. I cannot agree that the order of dismissal on Sept. 3 was properly obtained. Notice of motion has been defined as a means of bringing a motion on for hearing. A formal notice that a motion described therein will be made before the court at the time and place stated in the notice. Rallantines Law Dictionary, 867. Appellant concedes that he gave no such notice relying on the dictum from Galeener v. Hessel, 292 Ill.App. 523. The facts of that case were that plaintiff filed a lawsuit and 5 days later…

2Cases cited3 opinions

  1. Corwin v. RheimsIllinois Supreme Court · 1945
  2. Galeener v. HesselAppellate Court of Illinois · 1937
  3. McDowell v. JarnaginAppellate Court of Illinois · 1965

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