Appellate Court of Illinois September 8, 1981, 80-2483 (Clyde Savings & Loan Ass'n v. May Department Stores)

Mr. JUSTICE PERLIN

delivered the opinion of the court:

This appeal arises solely on the pleadings. Defendant, Ernest Oechslin, Jr. (Oechslin), contends that, after he had filed a counterclaim and without his consent, the trial court in violation of section 52 of the Civil Practice Act (Ill. Rev. Stat. 1979, ch. 110, par.