Beanland v. Sweitzer, 21 Ill. App. 3d 121 (1974)

July 23, 1974 · Illinois Appellate Court · No. 73-343

21 Ill. App. 3d 121

John R. Beanland et al., d/b/a Beanland Drilling Company, Plaintiffs-Appellees, v. Fred Sweitzer et al., Defendants-Appellants.

(No. 73-343;

Fifth District

July 23, 1974.

CREBS, J., took no part.

James W. Sanders, of Marion, for appellants.

R. Corydon Finch, of Anna, for appellees.

PER CURIAM:

Judgment was entered on a jury verdict in favor of plaintiffs in the amount of $2537. Defendants have appealed seeking reversal and re-mandment for a new trial.

Plaintiffs-appellees have moved to affirm the judgment, on the grounds that the defendants did not file a post-Mai motion, and therefore failed to preserve a basis for review by this court.

We believe plaintiffs-appellees’ interpretation of section 68.1 of the Civil Practice Act (Ill. Rev. Stat. 1973, ch. 110, par. 68.1) is correct. Roberson v. Leak, 72 Ill.App.2d 11, 218 N.E.2d 819; Farnsworth v. Shops Budding, 77 Ill.App.2d 44, 222 N.E.2d 132.

Judgment affirmed.

Mr. JUSTICE CREBS took no part in the consideration or decision of this case.