Summary
finding denial of defendant's motion to strike supplemental and amended complaint and counterclaim to not be final or appealable
Summary of this case from Findley v. PoswayOpinion
Gen. No. 42,424. (Abstract of Decision.)
Opinion filed May 10, 1943
APPEAL AND ERROR, § 71 — order overruling demurrer not final or appealable. Where, in partition proceedings, trial court overruled defendant's motion to strike supplemental and amended complaint and counterclaim, and ordered defendant to answer such complaint and counterclaim, such order was in effect the same as overruling a demurrer, and hence such order was not final or appealable, and appeal from such order would be dismissed.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. OSCAR F. NELSON, Judge, presiding.
Appeal dismissed. Heard in the first division, first district, this court at the October term, 1942;
John K. Haas, Jr. and J. Warren McCaffrey, for appellant;
Edwin D. Lawlor and Kamener Halligan, for appellees;
Edwin D. Lawlor, of counsel.
"Not to be published in full. Opinion filed May 10, 1943.