Opinion
Gen. No. 44,135. (Abstract of Decision.)
Opinion filed April 21, 1948 Released for publication May 7, 1948
APPEAL AND ERROR, § 62 — nonfinality of dismissal order. Circuit court's order sustaining defendants' motions to dismiss action to contest will on ground that court did not have jurisdiction of subject matter and that plaintiff was not an "interested person" entitled to maintain action but granting plaintiff leave to file amended complaint was not a "final order" within statute authorizing appeals to Appellate or Supreme Court to revise final judgments and orders; hence, appeal from order was dismissed (Ill. Rev. Stat. 1947, ch. 3, par. 242, ch. 110, pars. 172, 201; Jones Ill. Stats. Ann. 104.048, 104.077, 110.339).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. JOHN PRYSTALSKI, Judge, presiding.
Appeal dismissed. Heard in the third division, first district, this court at the June term, 1947.
Harry L. Mitchell, for appellant;
Pam, Hurd Reichmann, for appellees;
Arthur M. Cox and John F. Cashen, Jr., of counsel.
Not to be published in full. Opinion filed April, 21, 1948; released for publication May 7, 1948.