Bayor v. Ewart

Appellate Court of Illinois

Bayor v. Ewart

37 Ill. App. 318, 1890 Ill. App. LEXIS 185

DecidedNovember 11, 1890

StatusPublished

This text of 37 Ill. App. 318 (Bayor v. Ewart) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bayor v. Ewart, 37 Ill. App. 318, 1890 Ill. App. LEXIS 185 (Ill. Ct. App. 1890).

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Opinion

Waterman, J.

In this cause motion, is made to dismiss the appeal, it being from an order appointing a receiver, and not a final order in the cause. It is not claimed that this appeal was taken in accordance with the provisions of the act permitting appeals from orders appointing, receivers, and therefore the only question presented to this court is, is the order appealed from final.

It is manifest from an examination of the record that this is not a final order. Everything therein directed, as well as everything therein, as counsel urge, “ found,” may be set aside at any time. ¡Neither the court nor parties are concluded by any conclusion the court may, as therein expressed, have come to, or order it may have so made. Farson v. Gorham, 117 Ill. 137; Coates v. Cunningham, 80 Ill. 467.

Appeal dismiisid.

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Waterman, J.

In this cause motion, is made to dismiss the appeal, it being from an order appointing a receiver, and not a final order in the cause. It is not claimed that this appeal was taken in accordance with the provisions of the act permitting appeals from orders appointing, receivers, and therefore the only question presented to this court is, is the order appealed from final.

It is manifest from an examination of the record that this is not a final order. Everything therein directed, as well as everything therein, as counsel urge, “ found,” may be set aside at any time. ¡Neither the court nor parties are concluded by any conclusion the court may, as therein expressed, have come to, or order it may have so made. Farson v. Gorham, 117 Ill. 137; Coates v. Cunningham, 80 Ill. 467.

Appeal dismiisid.

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Bluebook (online)

37 Ill. App. 318, 1890 Ill. App. LEXIS 185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bayor-v-ewart-illappct-1890.

Opinion

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