Brignall v. Merkle

Plaintiff brought suit on three notes made by defendant ; an attachment in aid was sued out and the writ was levied on a portion of certain improved real estate in Kenilworth, Illinois; issue on the attachment was first heard and the trial court denied defendant’s motion to quash the return of summons and to dismiss the attachment. Defendant appealed to this court; we sustained a motion to dismiss the appeal on the ground the order was not appealable, as the case on the merits was still pending (296 Ill. App. 250). We there said that where the attachment is tried first the merits of the…