Starczewski v. Toman

This is an appeal by plaintiffs from a summary judgment entered on motion of defendants dismissing plaintiff’s suit with costs. The facts appear from the pleadings and the affidavit of George B. Cohen, agent and attorney for certain defendants, setting’ up facts not denied. The complaint of plaintiffs, Frank and Franciszka Starezewski, was filed November 18, 1937. John Toman, sheriff of Cook County, was named defendant. The gist of the complaint was that the sheriff by virtue of an execution issued to him sold the homestead estate of plaintiffs in certain real estate. The demand was for the…