Millikin Trust Co. v. Morris

This is an appeal from an interlocutory order granting a temporary injunction.

A motion was filed in this court by the appellee to dismiss this appeal for want of jurisdiction for failure to file cost bond. This motion was taken with the case by order entered July 30, 1951.

It is admitted by the appellants that no cost bond has been filed in the circuit court of Macon county where the interlocutory order was entered.

Section 78 of the Civil Practice Act (chapter 110, paragraph 202, Illinois Revised Statutes 1949) [Jones Ill. Stats. Ann. 104.078] provides in part as follows: “Whenever an…