Fisher v. Continental Illinois National Bank & Trust Co. of Chicago

TUNKS, Chief Justice.

This is an appeal from the order of the trial court dismissing the proceeding pending in that court which dismissal was occasioned by the appellant’s refusal and failure to respond to a commission to take his deposition and a subpoena duces tecum. The facts and procedure leading up to the order of dismissal were as follows:

On December 11, 1965, Alice B. Atwood, a resident of Chicago, Illinois, died. She left a will in which one Michael DeBella was named beneficiary and the appellee, Continental Illinois National Bank & Trust Company of Chicago, hereinafter sometimes…