Griswold v. Smith
Illinois Supreme Court
Writ or Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Abnrr Smith, Judge, presiding.
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Writ or Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Abnrr Smith, Judge, presiding. This is a writ of error, sued out from this court by Mary C. B. Griswold and Edward B. Qriswold, two of the executors of the estate of Edward P. Griswold, deceased, as plaintiffs in error for the purpose of reviewing the following judgment entered by the Branch Appellate Court for the First District: “On this day came the said parties, and the court having diligently examined and. inspected as well the record and…
1Opinion of the Court
Mr. Justice jMagruder
delivered the opinion of the court:
In the present case we pass no opinion upon the merits of the controversy, or upon any of the questions involved and discussed by counsel, as the writ of error must be dismissed because the judgment of the Branch Appellate Court, here sought to be reviewed, is not a final judgment.
Under section 90 of the Practice act a party to such a cause as the one at bar can only remove the same from the Appellate Court to the Supreme Court by appeal or writ of. error, “if the judgment of the Appellate Court be that the order, judgment or decree of…
2Cases cited2 opinions
- Askew v. HudgensIllinois Supreme Court · 1881
- Gade v. Forest Glen Brick & Tile Co.Illinois Supreme Court · 1895
3Cited by6 opinions
- Yost v. FitzgeraldAppellate Court of Illinois · 1958
- Chase v. LathropSupreme Court of Colorado · 1924
- Griswold v. SmithIllinois Supreme Court · 1906
- Estate of Klappa v. JohnsonAppellate Court of Illinois · 1958
- Colton v. CoffeyAppellate Court of Illinois · 1914
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