Gage v. Eich

Decided September 15, 1870

Illinois Supreme Court · decided 1870-09-15

John A. Jameson, Judge, presiding. This was a suit in chancery, brought by Peter and John Eich against Asahel Gage, to remove a cloud, in the shape of a tax deed to the defendant, upon complainants’ title to certain premises. The defendant filed a.demurrer to the bill of complaint, which was overruled by the court.

Good law ✅— No negative treatment on recordhow we know

Decided 1870-09-15

How this case has been cited

Cited by 14 later decisions — most recently October 1925

14 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.

View the full empirical analysis of this case →

Mr. Justice Breese

¶1delivered the opinion of the Court:

¶2It is a well settled rule in equity practice, as well as in proceedings at common law, that no appeal lies from any interlocutory order merely, in either court. There must be a final decree, order or judgment, to justify an appeal.

¶3In this case, there has been no final decree; nothing, indeed, but overruling a demurrer to the bill and a reference to the master to state an account and to report the same to the court. The case is yet in, fieri, and no appeal can lie. 2 Dan. Ch. Pr. 1543, and the case cited in note 1.

¶4For these reasons the appeal must be dismissed.

¶5Appeal dismissed.