Opinion
Gen. No. 44,071. (Abstract of Decision.)
Opinion filed November 3, 1947 Rehearing denied November 18, 1947 Released for publication November 18, 1947
APPEAL AND ERROR, § 48 — finality of order of circuit court on appeal from probate court. Order of circuit court, on appeal from probate court, sustaining motion of administrator of decedent's estate and his attorney to strike supplemental petition of heirs, residents of Greece, and dismissing vice-consul of Greece and his attorney, was final order in these matters, from which separate appeal could be taken by heirs as parties in interest, but part of order continuing probate proceedings in matter of distributive shares of heirs was not final order and therefore not appealable (Ill. Rev. Stat. 1945, ch. 110, par. 174, subpar. 2; Jones Ill. Stats. Ann. 104.050, subpar. 2).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. PHILIP J. FINNEGAN, Judge, presiding.
Orders of circuit court as to Smith, O'Brien, Dritsas and Vosnos reversed and cause remanded to that court with directions. Heard in the first division, first district, this court at the April term, 1947.
D. Parry, for appellants;
John C. Gekas, of counsel;
Fiedler Amberg, for appellees;
George Fiedler and Thomas Amberg, of counsel;
John D. Vosnos, pro se.
Not to be published in full. Opinion filed November 3, 1947; rehearing denied November 18, 1947; released for publication November 18, 1947.