Koontz v. Public Service Co. of Northern

Full title: James Oakey Koontz, Appellant, v. Public Service Company of Northern…

Court: Appellate Court of Illinois, First District

Date published: Feb 14, 1945

325 Ill. App. 260 (Ill. App. Ct. 1945)

59 N.E.2d 351

Opinion

Gen. No. 42,925. (Abstract of Decision.)

Opinion filed February 14, 1945 Released for publication March 5, 1945

APPEAL AND ERROR, § 75^_ — appealability of order denying leave to amend claim. Upon appeal by plaintiff in contract action from order denying his motion, for leave to amend his statement of claim to change date upon which alleged cause of action occurred, held that, under statutes relating to appeals, appeal should be dismissed since order was not final order, made no final disposition of case, and was not interlocutory order that was appealable, and cause was still pending in trial court for further proceeding (Ill. Rev. Stat. 1943, ch. 110, pars. 201, 202; Jones Stats. Ann. 104.077, 104.078).

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

Appeal from the Municipal Court of Chicago; the Hon. MICHAEL TREMKO, Judge, presiding.

Appeal dismissed. Heard in the third division, first district, this court at the December term, 1943.

James O. Koontz, pro se;

Isham, Lincoln Beale, for appellee;

James P. Dillie, of counsel.

Opinion by JUSTICE KILEY.

Not to be published in full. Opinion filed February 14, 1945; released for publication March 5, 1945.