Gage v. Eich

Illinois Supreme Court
Gage v. Eich, 56 Ill. 297 (Ill. 1870)
Breese

Gage v. Eich

Opinion of the Court

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.

Reference

Full Case Name
Asahel Gage v. Peter Eich
Cited By
14 cases
Status
Published
Syllabus
Appeal—at what stage of a cause it will lie. An appeal will not lie from an order of the court, simply overruling a demurrer to a hill in chancery. Such an order is not final. An appeal will not lie from any interlocutory order merely, either in a suit in chancery or an action at law.