Opinion
Gen. No. 10,045. (Abstract of Decision.)
Opinion filed March 8, 1946 Released for publication April 1, 1946
APPEAL AND ERROR, § 61 — order dismissing cause at plaintiffs' cost as final and appealable order. Where court ordered that defendants' motions to dismiss be allowed and that cause be dismissed at plaintiffs' cost, and upon appeal from such order defendants contended that order was not final and appealable, held that order terminated rights of parties in particular suit and put case out of court as effectively as if it had specifically adjudged that plaintiffs take nothing by writ and that defendants go hence without day, and was therefore final and appealable order.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Will county; the Hon. JAMES V. BARTLEY, Judge, presiding.
Reversed and remanded with directions. Heard in this court at the October term, 1945.
Geary Stagman and Barr Barr, for appellants;
Arnold D. McMahon and Jacob Stagman, of counsel;
Oscar R. Laraway, for certain appellee;
Robert E. Higgins, for certain other appellees.
Not to be published in full. Opinion filed March 8, 1946; released for publication April 1, 1946.