Graham v. Chicago Title & Trust Co.

Mr. PRESIDING JUSTICE RECHENMACHER

delivered the opinion of the court:

This is an appeal from a judgment dismissing petition to annex certain territory to the Village of Green Oaks without allowing petitioners to put in their proof. The trial court based dismissal on the ground that our holding in In re Petition to Annex to Village of Green Oaks, 1 Ill.App.3d 773 (affirming dismissal of an earlier petition — “70 MC 2”) was res judicata of the issues in this case, and that the pendency of that appeal was a prior action pending within the provisions of section 48(1),(c) of the Civil Practice Act…