Wagner v. David

Two cases involving complaints for foreclosure of two separate mortgages were consolidated. The trial court found in favor of the defendants on the merits. Plaintiff took an appeal to the Appellate Court, Second District. That court ordered a remandment to the trial court on the grounds that the consolidation of the two cases was improper and that the motion for a change of venue should have been granted. It did not pass upon the merits of the cause. Defendants’ leave to appeal to this court was granted.

These cases were filed in the circuit court of Kane County, as case No. 55 — 890 and case…