Hooper v. Fox

In a partition suit filed by Robert C. Hooper and James H. Hooper against Ernest Victorson and Norman Fox in the superior court of Cook county, Fox, one of the defendants and the present appellee, moved to strike the complaint because the issues involved had been disposed of in a previous proceeding, entitled Victorson v. Sundberg. The court granted the motion and the complaint was dismissed. The present appeal followed.

Only one error has been assigned — i. e., that the court erred in granting the motion to dismiss and that the case should have proceeded by compelling the defendant to answer.

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