S. J. Blume, Inc. v. Vernon Baim Flower Co.

Full title: S. J. Blume, Inc., Appellee, v. Vernon Baim Flower Company, Inc., Appellant

Court: Appellate Court of Illinois

Date published: Jun 16, 1947

331 Ill. App. 618 (Ill. App. Ct. 1947)

73 N.E.2d 785

Opinion

Gen. No. 44,076. (Abstract of Decision.)

Opinion filed June 16, 1947 Released for publication June 30, 1947

APPEAL AND ERROR, § 81^_ — new trial, necessity of petitioning reviewing court for leave to appeal from order granting. Appeal from order granting new trial in action to recover for goods sold and delivered was dismissed where no petition was filed in reviewing court asking for leave to appeal as required by section 77 of Civil Practice Act, even though appeal bond was filed and approved and appellant filed notice of appeal and proof of service, and report of proceedings subsequently was approved and filed, since procedure followed was not authorized by statute or rules of court (Ill. Rev. Stat. 1945, ch. 110, par. 201; Jones Ill. Stats. Ann. 104.077).

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

Appeal from the Municipal Court of Chicago; the Hon. VICTOR A. KULA, Judge, presiding.

Appeal dismissed. Heard in the first division, first district, this court at the April term, 1947.

Landis Landis, for appellant;

Maxwell Landis, of counsel;

no appearance for appellee.

Opinion by PRESIDING JUSTICE O'CONNOR.

Not to be published in full. Opinion filed June 16, 1947; released for publication June 30, 1947.