Gage v. Eich
Illinois Supreme Court
Appeal from the Superior Court of Chicago; the Hon. 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.
Read the full summary
Appeal from the Superior Court of Chicago; the Hon. 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. Whereupon the defendant prayed an appeal to this court, which was allowed upon his filing an appeal bond within ten days, in the penalty of $250, with approved security. Appeal bond filed; and afterward the following order was…
1Opinion of the CourtJustice Breese
It 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.
In 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.
For these reasons the appeal must be dismissed.
Appeal dismissed.
2Cited by14 opinions
- Chicago & Northwestern Railway Co. v. City of ChicagoIllinois Supreme Court · 1893
- Texas Land & Loan Co. v. WinterTexas Supreme Court · 1900
- Hunter v. HunterIllinois Supreme Court · 1881
- Kuehn v. KuehnCourt of Appeals of Texas · 1921
- Racine & Mississippi Railroad v. Farmers' Loan & Trust Co.Illinois Supreme Court · 1873
9 more not listed; retrieve them via the Exa API.