People ex rel. Nelson v. Union State Bank of South Chicago

• Decision Date: 26 November 1940
• Docket Number: Gen. No. 40855.
• Citation: People ex rel. Nelson v. Union State Bank of South Chicago, 307 Ill.App. 382, 30 N.E.2d 168 (Ill. App. 1940)
• Parties: PEOPLE EX REL. NELSON, AUDITOR OF PUBLIC ACCOUNTS, v. UNION STATE BANK OF SOUTH CHICAGO ET AL. SMIETANKA v. ALBERS.
• Court: Appellate Court of Illinois

307 Ill.App. 382

30 N.E.2d 168

PEOPLE EX REL. NELSON, AUDITOR OF PUBLIC ACCOUNTS,

v.UNION STATE BANK OF SOUTH CHICAGO ET AL.

SMIETANKA

v.ALBERS.

Gen. No. 40855.

Appellate Court of Illinois, First District, Second Division.

Nov. 26, 1940.

Appeal from Circuit Court, Cook County; John Prystalski, Judge.

Proceeding by the People of the State of Illinois, on the relation of Oscar Nelson, as Auditor of Public Accounts of the State of Illinois, for the liquidation of the Union State Bank of South Chicago, wherein Julius F. Smietanka, as trustee under three certain trust deeds, filed an intervening petition asking that Charles H. Albers, receiver of the Union State Bank of South Chicago, be directed to pay intervener certain moneys alleged to be due for court costs, expenses, attorneys' fees and master's fees incurred or expended in foreclosure of the trust deeds. The trust deed secured three series of notes, a portion of each series being owned or held by the receiver. From an order in favor of intervener, the receiver appeals.

Reversed. Whitty...