In re the Eichenbaum Plumbing Co.

Appellate Court of Illinois

In re the Eichenbaum Plumbing Co.

77 Ill. App. 363, 1898 Ill. App. LEXIS 62

DecidedJune 9, 1898

StatusPublished

This text of 77 Ill. App. 363 (In re the Eichenbaum Plumbing Co.) 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

In re the Eichenbaum Plumbing Co., 77 Ill. App. 363, 1898 Ill. App. LEXIS 62 (Ill. Ct. App. 1898).

Pincite

Opinion

Mr. Presiding Justice Adams

delivered the opinion of the court.

This is a petition for a writ of mandamus to compel the, Hon. Farlin Q. Ball, judge of the Superior Court, to sign a certifícate of evidence. The certificate presented to him for signature is attached to the petition. The respondent has filed a demurrer. The certificate presented for signature purports to contain the evidence read on a motion to set aside an order of the court appointing a receiver in thé case of Elias Levee et al. v. Paul Eichenbaum et al., which case is pending in this court on appeal from the order appointing the receiver. This court can only issue the writ of mandamus in aid of its jurisdiction, and a certificate of evidence on a motion to set aside an order appointing a receiver would not be in aid of the jurisdiction of the court in the appeal from the order appointing the receives. ■ The order overruling the motion to set aside the order appointing the receiver is not .an .appealable order. The certificate, if signed, could not in anjr way aid the court in the appeal case. It would be wholly irrelevant, .The demurrer will be sustained.

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

Mr. Presiding Justice Adams

delivered the opinion of the court.

This is a petition for a writ of mandamus to compel the, Hon. Farlin Q. Ball, judge of the Superior Court, to sign a certifícate of evidence. The certificate presented to him for signature is attached to the petition. The respondent has filed a demurrer. The certificate presented for signature purports to contain the evidence read on a motion to set aside an order of the court appointing a receiver in thé case of Elias Levee et al. v. Paul Eichenbaum et al., which case is pending in this court on appeal from the order appointing the receiver. This court can only issue the writ of mandamus in aid of its jurisdiction, and a certificate of evidence on a motion to set aside an order appointing a receiver would not be in aid of the jurisdiction of the court in the appeal from the order appointing the receives. ■ The order overruling the motion to set aside the order appointing the receiver is not .an .appealable order. The certificate, if signed, could not in anjr way aid the court in the appeal case. It would be wholly irrelevant, .The demurrer will be sustained.

Cite This Page — Counsel Stack

Bluebook (online)

77 Ill. App. 363, 1898 Ill. App. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-eichenbaum-plumbing-co-illappct-1898.