Berry v. Berry

Appellate Court of Illinois

Berry v. Berry

190 Ill. App. 215

Appellate Court of Illinois·Decided July 31, 1914·No. Gen. No. 5,936·Published

Opinion

Mr. Justice Dibell

delivered the opinion of the court.

3. Ne exeat, § 8*—when objection to power of court to issue not preserved for review. Where an appeal bond does not recite an appeal from a distinct order for a writ of ne exeat, which was not questioned in the trial court, the question whether the issuance of such a writ was beyond the powers of the court because not within the letter of the statute was not saved for review.

Whitney, J., took no part in this decision.

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Mr. Justice Dibell

delivered the opinion of the court.

3. Ne exeat, § 8*—when objection to power of court to issue not preserved for review. Where an appeal bond does not recite an appeal from a distinct order for a writ of ne exeat, which was not questioned in the trial court, the question whether the issuance of such a writ was beyond the powers of the court because not within the letter of the statute was not saved for review.

Whitney, J., took no part in this decision.

Berry v. Berry, 190 Ill. App. 215 (Ill. Ct. App. 1914).

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