Gage v. Eich

56 Ill. 297

• Court: Illinois Supreme Court
• Decided: September 15, 1870
• Status: Published

Opinion

Mr. Justice Breese

delivered the opinion of the Court:

It is a well settled rule in equity practice, as well as in proceedings at common law, that no appeal lies from any interlocutory order merely, in either court. There must be a final decree, order or judgment, to justify an appeal.

In this case, there has been no final decree; nothing, indeed, but overruling a demurrer to the bill and a reference to the master to state an account and to report the same to the court. The case is yet in, fieri, and no appeal can lie. 2 Dan. Ch. Pr. 1543, and the case cited in note 1.

For these reasons the appeal must be dismissed.

Appeal dismissed.