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