City of Evanston v. Dowden
Appellate Court of Illinois
Memorandum.—Suit for violation of an ordinance. In the Criminal Court of Cook County. The Hon. James Goggin, Judge, presiding. Verdict of not guilty under instructions from the court; appeal by plaintiff. Appeal dismissed at the October term of this court, 1894.
1Opinion of the CourtJustice Gary
The final entry on the record below in this case is, inter alia, “ The court now here instructs the aforesaid jury to return a verdict of not guilty, whicli is done, to the rendition and entry of which judgment the plaintiff, by its attorney, now here excepts and prays an appeal,” etc.
There is no judgment, not even a verdict. Roff v. Anderson, 43 Ill. App. 575. And from a verdict without judgment, an appeal can not be prosecuted. Reedy Co. v. Pitvowsky, 35 Ill. App. 364.
The appeal is dismissed.
2Cases cited2 opinions
- Robb v. AndersonAppellate Court of Illinois · 1892
- J. W. Reedy Elevator Manufacturing Co. v. PitvowskyAppellate Court of Illinois · 1890
3Cited by2 opinions
- Lemenager v. Northwestern Barb Wire Co.Appellate Court of Illinois · 1938
- Breese Coal & Mining Co. v. Olney Electric Light & Power Co.Appellate Court of Illinois · 1903