Cunningham v. Loomis
Illinois Supreme Court
This was an agreed case in the Circuit Court of Cook county. That, court, as appears from the case, adjudged in favor of the plaintiffs below, rendering judgment against the defendant for damages and costs” not naming any sum. This decision upon the agreed case is presented to the Supreme Court.
1Opinion of the Court
Catón, J.
However clear we might be that the Circuit Court decided correctly, so far as that decision went, yet, as there is no final order in the case, this court has no jurisdiction to affirm or reverse the decision. Upon the agreed case the court found for the plaintiffs and rendered judgment in their favor “for damages and costs.” But those damages do not appear ever to have been assessed. Indeed the agreed case afforded the court no means of assessing the damages, but expressly provided that the damages should be assessed by a jury, in case the court should find, from the facts stated,…
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