Smith v. Dellitt
Illinois Supreme Court
Appeal from the Circuit Court of Mercer county; the Hon. Erank D. Ramsay, Judge, presiding. This was a bill in chancery filed in the circuit court of Mercer county by the appellee, against the appellant, for the partition of certain real estate which belonged to Anna Dellitt at the time of her death, and for a construction of the will of said Anna Dellitt.
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Appeal from the Circuit Court of Mercer county; the Hon. Erank D. Ramsay, Judge, presiding. This was a bill in chancery filed in the circuit court of Mercer county by the appellee, against the appellant, for the partition of certain real estate which belonged to Anna Dellitt at the time of her death, and for a construction of the will of said Anna Dellitt. The appellant, Alta Dellitt, a minor defendant, by her guardian and by her guardian ad litem, filed a demurrer to the bill, and the demurrer having been overruled, said Alta Dellitt, by her guardian and guardian ad litem, elected to stand…
1Opinion of the Court
Per Curiam :
It is well settled in this State that no appeal lies from an- interlocutory order,—and an order overruling a demurrer to a bill is an interlocutory order. There must be a final order or decree in a chancery suit, or a'final judgment in an action at law, to justify an appeal. (Hayes v. Caldwell, 5 Gilm. 33; Knapp v. Marshall, 26 Ill. 63; Gage v. Rohrbach, 56 id. 262; Gage v. Eich, id. 297; Hunter v. Hunter, 100 id. 519; People v. Board of Education, 236 id. 154.) The appeal was therefore premature.
An examination of the record fails to show any assignment of error thereon. Village…
2Cases cited2 opinions
- Knapp v. MarshallIllinois Supreme Court · 1861
- Village of East Peoria v. Lake Erie & Western RailroadIllinois Supreme Court · 1908
3Cited by4 opinions
- Chicago Housing Authority v. AbramsIllinois Supreme Court · 1951
- Peterson v. GrisellAppellate Court of Illinois · 1947
- Trebbin v. ThoereszIllinois Supreme Court · 1925
- Kircher v. HamillAppellate Court of Illinois · 1926