Opinion
Gen. No. 40,828. (Abstract of Decision.)
Opinion filed February 14, 1940.
APPEAL AND ERROR, § 67 — order refusing to vacate dismissal of counterclaim, as not appealable. Order dismissing counterclaim which contained nothing to the effect that counterclaimant took nothing by virtue of such action, was not a final or appealable order, and subsequent order refusing to vacate such order was not appealable, especially where answer filed by defendant at same time formed issues still pending, which were the same as those sought to be raised in the counterclaim.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Superior Court of Cook county; Hon. JOHN P. McGOORTY, presiding. Dismissed. Heard in third division, first district, at October term, 1939; opinion filed February 14, 1940.
J. Edward Jones, for appellant; Charles C. Spencer and Richard M. Spencer, for appellee.
"Not to be published in full."