Hamilton v. Country Club Properties, Inc.

Full title: Walter Hamilton, Appellant, v. Country Club Properties, Inc., Appellee…

Court: Appellate Court of Illinois, First District

Date published: Dec 13, 1943

320 Ill. App. 688 (Ill. App. Ct. 1943)

51 N.E.2d 1008

Opinion

Gen. No. 42,711. (Abstract of Decision.)

Opinion filed December 13, 1943

DISCOVERY AND INSPECTION, § 19.1^_ — when dismissal of citation for discovery of assets of judgment debtor is proper. Where judgment creditor, on whose petition there was issued citation for discovery of assets of judgment debtor, named only one party as supplemental defendant and evidence, on such party's examination, failed to disclose any property which judgment creditor would have any right to have turned over and applied on his debt, order of court, dismissing citation and discharging supplemental defendant, was proper (Ill. Rev. Stat. 1943, ch. 110, pars. 197, 259.26A; Jones Ill. Stats. Ann. 104.073, 105.26[1]; Superior Court Rule 35 1/2).

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Superior Court of Cook county; the Hon. PETER H. SCHWABA, Judge, presiding.

Affirmed. Heard in the first division, first district, this court at the June term, 1943.

Walter Hamilton, pro se;

Charles H. Borden, for appellee.

Opinion by JUSTICE MATCHETT.

Not to be published in full. Opinion filed December 13, 1943.