Smith v. Dellitt

Decided February 16, 1910

Illinois Supreme Court · decided 1910-02-16

Erank D. Ramsay, Judge, presiding. This was a bill in chancery filed in the circuit court of Mercer county by the appellee, against the appellant, for the partition of certain real estate which belonged to Anna Dellitt at the time of her death, and for a construction of the will of said Anna Dellitt.

Relies on Knapp v. Marshall · Village of East Peoria v. Lake Erie & Western Railroad

Good law ✅— No negative treatment on recordhow we know

Decided 1910-02-16

How this case has been cited

Cited by 4 later decisions — most recently May 1951

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam :

¶1It is well settled in this State that no appeal lies from an- interlocutory order,—and an order overruling a demurrer to a bill is an interlocutory order. There must be a final order or decree in a chancery suit, or a'final judgment in an action at law, to justify an appeal. (Hayes v. Caldwell, 5 Gilm. 33; Knapp v. Marshall, 26 Ill. 63; Gage v. Rohrbach, 56 id. 262; Gage v. Eich, id. 297; Hunter v. Hunter, 100 id. 519; People v. Board of Education, 236 id. 154.) The appeal was therefore premature.

¶2An examination of the record fails to show any assignment of error thereon. Village of East Peoria v. Lake Erie and Western Railroad Co. 237 Ill. 93.

¶3The order appealed from being interlocutory and no errors having been assigned upon the record, the appeal will have to be dismissed.

¶4Appeal dismissed.