Hogue v. Hogue

Appellate Court of Illinois

Hogue v. Hogue

181 Ill. App. 705, 1913 Ill. App. LEXIS 335

CourtAppellate Court of Illinois

DecidedJune 30, 1913

DocketGen. No. 17,553

StatusPublished

This text of 181 Ill. App. 705 (Hogue v. Hogue) 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.

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Hogue v. Hogue, 181 Ill. App. 705, 1913 Ill. App. LEXIS 335 (Ill. Ct. App. 1913).

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Opinion

Mr. Justice Baume

delivered the opinion of the court.

Appellee, Mary Hogue, filed her bill of review in the circuit court against the appellant, Charles Hogue, to set aside and review a former decree of said court, upon the ground of fraud. Appellant demurred to the bill. The demurrer was overruled and appellant having elected to abide his demurrer, the bill was taken as confessed and a decree was entered setting aside said former decree for the purpose of reviewing the same upon a rehearing. Appellant now seeks to prosecute an appeal to this court from the decree setting aside said former decree. The decree sought to be appealed from is not final, but interlocutory merely, and is, therefore, not the subject of appeal. Adamski v. Wieczorek, 170 Ill. 373; affirming 66 Ill. App. 582; Rosenthal v. Board of Education, 239 Ill. 29.

The appeal is dismissed.

Appeal dismissed.

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Mr. Justice Baume

delivered the opinion of the court.

Appellee, Mary Hogue, filed her bill of review in the circuit court against the appellant, Charles Hogue, to set aside and review a former decree of said court, upon the ground of fraud. Appellant demurred to the bill. The demurrer was overruled and appellant having elected to abide his demurrer, the bill was taken as confessed and a decree was entered setting aside said former decree for the purpose of reviewing the same upon a rehearing. Appellant now seeks to prosecute an appeal to this court from the decree setting aside said former decree. The decree sought to be appealed from is not final, but interlocutory merely, and is, therefore, not the subject of appeal. Adamski v. Wieczorek, 170 Ill. 373; affirming 66 Ill. App. 582; Rosenthal v. Board of Education, 239 Ill. 29.

The appeal is dismissed.

Appeal dismissed.

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181 Ill. App. 705, 1913 Ill. App. LEXIS 335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hogue-v-hogue-illappct-1913.

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