Woodside v. Woodside
Illinois Supreme Court
Plaintiffs in error filed their bill in chancery in the St. Clair Circuit Court, to set aside the will of John Woodside, deceased, alleging that he was not of sound mind and memory at the time of making his said supposed will. The defendants’ answer denied this allegation, and to the answer the plaintiffs filed a general replication. The court ordered a feigned issue at law to try the validity of said will.
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Plaintiffs in error filed their bill in chancery in the St. Clair Circuit Court, to set aside the will of John Woodside, deceased, alleging that he was not of sound mind and memory at the time of making his said supposed will. The defendants’ answer denied this allegation, and to the answer the plaintiffs filed a general replication. The court ordered a feigned issue at law to try the validity of said will. The jury found the issue for the defendants in error, and the court thereupon rendered judgment on said feigned issue, for costs against the plaintiffs in error. To reverse that judgment…
1Opinion of the CourtBreese, J.
The record in this case merely shows a writ of error on a judgment rendered for costs, on a verdict found on the trial of a feigned issue, directed out of chancery. This judgment was interlocutory only, from which an appeal or writ of error will not lie. There must be a final decision of the chancery cause before either party can have any part of it reviewed in this court; such a decision of the whole case as settles the rights of the parties respecting the subject matter of the suit, and which concludes them until it is reversed. That case is still pending for the action of the Circuit…
2Cited by6 opinions
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- Atkins v. HustonAppellate Court of Illinois · 1880
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