Smith Oil Refining Co. v. Montgomery

Full title: Smith Oil and Refining Company, Appellant, v. Carl Montgomery, Robert…

Court: Appellate Court of Illinois

Date published: Oct 14, 1948

335 Ill. App. 342 (Ill. App. Ct. 1948)

81 N.E.2d 763

Opinion

Gen. No. 10,247. (Abstract of Decision.)

Opinion filed October 14, 1948 Released for publication November 2, 1948

APPEAL AND ERROR, § 711^_ — dismissal of appeal because of absence of judgment. Where no judgment was ever rendered by the court upon instructed verdicts returned for the defendants, the only order the Appellate Court had jurisdiction to enter was one dismissing plaintiff's appeal.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Boone county; the Hon. WILLIAM M. CARROLL, Judge, presiding.

Appeal dismissed. Heard in this court at the May term, 1948.

Large, Reno Zahm, for appellant;

John B. Anderson, of counsel;

Maynard Maynard, Albert S. O'Sullivan and Edward S. Foltz, Jr. and John H. Page, for various appellees;

Frank E. Maynard and Edward S. Foltz, Jr., of counsel.

Opinion by JUSTICE DOVE.

Not to be published in full. Opinion filed October 14, 1948; released for publication November 2, 1948.