[Download] "Skolnick v. Martin" by Supreme Court of Illinois # Book PDF Kindle ePub Free
eBook details
- Title: Skolnick v. Martin
- Author : Supreme Court of Illinois
- Release Date : January 24, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Rehearing denied January 19, 1965. We have granted leave to appeal in this case to consider widely divergent constructions of section 48(1) (c) of our Civil Practice Act arrived at by the Appellate Court for the First District in F & F Laboratories, Inc. v. Chocolate Spraying Co. 6 Ill. App.2d 299, and in Skolnick v. Martin, 47 Ill. App.2d 167, the instant case, wherein the court declined to adhere to its former decision. It is the direction of the section that a defendant in our courts may move for the dismissal of an action against him on the ground that ""there is another action pending between the same parties for the same cause,"" (Ill. Rev. Stat. 1961, chap. 110, par. 48(1) (c),) and the precise question here is whether dismissal is authorized when the ""other action"" is one pending in a Federal court.