Kyser v. Miller
Appellate Court of Illinois
Assumpsit. Appeal from the Circuit Court of Livingston county; the Hon. George W. Patton, Judge, presiding.
1Opinion of the Court
Me. Presiding Justice Thompson
delivered the opinion of the court.
The appellee has made a motion in this court to dis-. miss' the appeal so far as the same affects the judgment of the Circuit Court of December 30, 1907, on the issue of estoppel, on the ground that it is a final judgment and no appeal lies therefrom unless prayed and perfected at the term at which it was rendered. There was only one issue in the case when the first trial occurred. The jury when it found that issue for the plaintiff did not assess plaintiff’s damages. On November 7, 1907, the appellant by leave of court refiled…
2Cases cited7 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Durkee v. People ex rel. AskrenIllinois Supreme Court · 1895
- Wenom v. FossickIllinois Supreme Court · 1904
- Shenk v. PhelpsAppellate Court of Illinois · 1880
- Durkee v. People ex rel. AskrenAppellate Court of Illinois · 1894
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3Cited by2 opinions
- Williams v. L & S Industries, Inc.United States Bankruptcy Court, N.D. Illinois · 1986
- Livingston National Bank v. MillerAppellate Court of Illinois · 1910