Grand Lodge Brotherhood of Railroad Trainmen v. McClary

Illinois Supreme Court

Grand Lodge Brotherhood of Railroad Trainmen v. McClary

11 N.E.2d 924, 367 Ill. 414, 1937 Ill. LEXIS 508

CourtIllinois Supreme Court

DecidedDecember 14, 1937

DocketNo. 24477. Petition dismissed.

StatusPublished

This text of 11 N.E.2d 924 (Grand Lodge Brotherhood of Railroad Trainmen v. McClary) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Grand Lodge Brotherhood of Railroad Trainmen v. McClary, 11 N.E.2d 924, 367 Ill. 414, 1937 Ill. LEXIS 508 (Ill. 1937).

Pincite

Opinion

Mr. Justice Orr

announced the decision of the court:

The order of the Appellate Court for the Second District in this case affirming the judgment of the circuit court of Kankakee county was entered on September 9, 1937. Neither a notice of intention to apply for rehearing nor a petition for rehearing was filed in the Appellate Court within the fifteen-day period prescribed by its rule 19. As a result, under the provisions of section 75 of the Civil Practice act (Ill. Rev. Stat. 1937, chap, no, par. 199) the judgment of the Appellate Court became final upon the expiration of the fifteen-day period — namely upon September 24, 1937. To obtain further review, petitioner was required, within forty days of the date upon which the judgment of the Appellate Court became final, to file its petition for leave to appeal in this court under the provisions of section 75, as well as make proof of service of three copies of the petition upon the respondent or her attorney as required by rule 32 of this court. The petition in this case was not filed until November n, 1937, yet the forty-day period prescribed by the statute and rules expired on November 3, 1937. For this reason the motion of respondent to dismiss the petition for leave to appeal is granted and the petition is hereby dismissed.

Petition for leave to appeal dismissed.

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Mr. Justice Orr

announced the decision of the court:

The order of the Appellate Court for the Second District in this case affirming the judgment of the circuit court of Kankakee county was entered on September 9, 1937. Neither a notice of intention to apply for rehearing nor a petition for rehearing was filed in the Appellate Court within the fifteen-day period prescribed by its rule 19. As a result, under the provisions of section 75 of the Civil Practice act (Ill. Rev. Stat. 1937, chap, no, par. 199) the judgment of the Appellate Court became final upon the expiration of the fifteen-day period — namely upon September 24, 1937. To obtain further review, petitioner was required, within forty days of the date upon which the judgment of the Appellate Court became final, to file its petition for leave to appeal in this court under the provisions of section 75, as well as make proof of service of three copies of the petition upon the respondent or her attorney as required by rule 32 of this court. The petition in this case was not filed until November n, 1937, yet the forty-day period prescribed by the statute and rules expired on November 3, 1937. For this reason the motion of respondent to dismiss the petition for leave to appeal is granted and the petition is hereby dismissed.

Petition for leave to appeal dismissed.

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Bluebook (online)

11 N.E.2d 924, 367 Ill. 414, 1937 Ill. LEXIS 508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grand-lodge-brotherhood-of-railroad-trainmen-v-mcclary-ill-1937.