Phelps v. Elgin, Joliet & Eastern Railway Co.

This case is here upon leave granted to appeal from a judgment of the Appellate Court, First District. (37 Ill. App. 2d 46.) It is also here upon an appeal as of right from the same judgment of the Appellate Court upon the asserted ground that a constitutional question arose for the first time in that court. (Ill. Rev. Stat. 1961, chap, no, par. 74(3).) After hearing argument in the case, and upon further consideration, we have concluded that leave to appeal was improvidently granted because the judgment of the Appellate Court was not final, and that no constitutional question, in the…