C. & C. Electric Motor Co. v. Lewis

Appellate Court of Illinois

C. & C. Electric Motor Co. v. Lewis

47 Ill. App. 576, 1892 Ill. App. LEXIS 115

DecidedJanuary 25, 1893

StatusPublished

This text of 47 Ill. App. 576 (C. & C. Electric Motor Co. v. Lewis) 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

C. & C. Electric Motor Co. v. Lewis, 47 Ill. App. 576, 1892 Ill. App. LEXIS 115 (Ill. Ct. App. 1893).

Pincite

Opinion

Mr. Justice Waterman.

Appellant filed its bill in the court below, asking that appellee be directed to come to an accounting with it in respect to the matters and things set forth in said bill.

A general demurrer by appellee was overruled, and the cause referred to a master to take the testimony that might be offered therein, and to state an account between the parties and report the same, together with his findings of the law and the facts.

Whereupon appellant prayed an appeal to this court, which was allowed.

An appeal does not lie from a mere order of reference to a master to take testimony, state an account, and report the same to the court; such order is not a final decree from which an appeal lies. Gage v. Eich, 56 Ill. 297; Hunter v. Hunter, 100 Ill. 519; Williamson v. Borchsenius, 26 Ill. App. 64; Daniell’s Ch. Pr., 1462, Note 5.

At law, in an action of account, the order to account is, as in chancery, merely interlocutory, and is not appealable. Anderson v. Lundburg, 41 Ill. App. 248.

The appeal in this case will therefore be dismissed.

Appeal dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI