Mamolella v. Mamolella

Mr. PRESIDING JUSTICE JIGANTI

delivered the opinion of the court:

The plaintiff, Ralph Mamolella, d/b/a West Side Auto Parts, brought an action in forcible entry and detainer in the circuit court of Cook County. (Ill. Rev. Stat. 1977, ch. 57, pars. 1 et seq.) The plaintiff sought possession of property located in the city of Chicago which he alleged the defendant, Frank Mamolella, Jr., was wrongfully withholding from him. The plaintiff appeals from an order granting the defendant’s motion to dismiss pursuant to section 48 of the Civil Practice Act. Ill. Rev. Stat. 1977, ch. 110, par. 48.

The…