(Download) "Palya v. Palya" by Illinois Appellate Court — Third District Judgment Affirmed ~ eBook PDF Kindle ePub Free
eBook details
- Title: Palya v. Palya
- Author : Illinois Appellate Court — Third District Judgment Affirmed
- Release Date : January 14, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
This is an appeal by plaintiffs, William and Dean Palya, from an order of the circuit court of La Salle County dismissing their complaint against defendant, William Palya, Sr., on the ground that the action was barred by the doctrine of res judicata. The present complaint stems from a divorce between the defendant and Bona Palya Davis. The plaintiffs are the children of defendant and Bona Palya Davis. The parents were divorced June 21, 1971. The decree of divorce provided that certain silver coins approximately valued at $3,800 were to be kept by defendant and preserved and maintained in his care and custody for the use and benefit of the minor children, the plaintiffs here, to be used primarily for the plaintiffs' education or such other uses as might be necessary. Prior to September 7, 1978, Davis filed a petition in the divorce action to modify the decree to increase child support and for an order directing the father to turn over to the children the silver coins which he held for their use and benefit. On September 7, 1978, an order was entered which contained a representation by defendant that the coins had been sold six years earlier and ordered defendant to turn over to Davis $3,800 plus 5 1/2% interest. This was pursuant to Davis' petition seeking a turnover of the funds for the use and benefit of the plaintiffs. Defendant subsequently gave Davis $5,525 in lieu of the coins. Plaintiffs subsequently filed the instant action for an accounting against defendant. The action was dismissed on defendant's motion on the grounds the order in the divorce action of September 7, 1978, barred and estopped prosecution of the accounting action.
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