Holmes v. Holmes

Full title: Robert H. Holmes, Appellant, v. Florence Garrett Holmes, Appellee

Court: Appellate Court of Illinois, First District

Date published: May 9, 1949

337 Ill. App. 648 (Ill. App. Ct. 1949)

86 N.E.2d 275

Opinion

Term No. 49F7. (Abstract of Decision.)

Opinion filed May 9, 1949 Released for publication June 9, 1949

APPEAL AND ERROR, § 375.1^_ — amendments to notice of appeal. Amendments to notice of appeal, while permitted, relate back to time of filing of original notice and cannot include orders entered subsequent to that time; hence husband appealing from decree in divorce suit could not, by amendment to notice of appeal, have reviewed an order entered by trial court subsequent to date of filing of original notice, especially where amended notice was filed more than 90 days after filing of original one (Ill. Rev. Stat. 1947, ch. 110, par. 259.33; Jones Ill. Stats. Ann. 105.33).

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

Appeal from the Circuit Court of Saline county; the Hon. HAROLD L. ZIMMERMAN, Judge, presiding.

Decree of circuit court of Saline county filed June 9, 1948, is hereby reversed and remanded for new trial. Proceedings pursuant to the amended notice of appeal from the order of November 18, 1948, are hereby dismissed. Heard in this court at the February term, 1949.

Rumsey Dennis, for appellant;

Clarence Kammermann, for appellee;

Clarence Kammermann and Hugh E. Johnson, of counsel.

Opinion by JUSTICE BARDENS.

Not to be published in full. Opinion filed May 9, 1949; released for publication June 9, 1949.