While there is no general provision in the Civil Practice Act which requires that orders of dismissal specifically include certain "magic" words to indicate finality, previously orders dismissing complaints which did not include the words "plaintiff take nothing," "defendant go hence without day," or phrases of equal import, were not final orders. Johnson v. City of Rockford (1960), 26 Ill. App.2d 133, 169 N.E.2d 534, overruled,Peach v. Peach (1966), 73 Ill. App.2d 72, 218 N.E.2d 504; Thompson v. Contreras (1950), 340 Ill. App. 527, 92 N.E.2d 340; Aetna Plywood Veneer Co. v. Robineau (1949), 336 Ill. App. 339, 83 N.E.2d 896; Prange v. City of Marion (1938), 297 Ill. App. 353, 17 N.E.2d 616; contra, Peach v. Peach (1966), 73 Ill. App.2d 72, 218 N.E.2d 504. More recently courts have held that substance — not form — determines whether the order is final.

"We find that neither order from which plaintiff appeals is a final judgment order or decree within the meaning of sec 77 of the Civil Practice Act." In Thompson v. Contreras, 340 Ill. App. 527, 92 N.E.2d 340 (1950), the order from which the plaintiff appealed dismissed the complaint and fixed the appeal bond at $100. The court said:

2 I.L.P. 188, Appeal Error, Par. 106. An order providing that certain parts of a complaint be dismissed but not adjudging that plaintiff take nothing nor that defendant go hence without day and containing no words or phrases of equal import, does not dispose of the rights of the parties respecting such dismissed portions and is not a final order from which an appeal will lie. Prange v. City of Marion, 297 Ill. App. 353, 17 N.E.2d 616; Aetna Plywood Veneer Co. v. Robineau, 336 Ill. App. 339, 83 N.E.2d 896; Thompson v. Contreras, 340 Ill. App. 527, 92 N.E.2d 340. Where the order merely sustains defendant's motion to strike complaint without stating more, such order is not a final appealable order, and appeal therefrom must be dismissed, even though the question of jurisdiction is not raised by the parties. Tilton v. Ludwig, 327 Ill. App. 202, 63 N.E.2d 527. As shown by the record the judgment appealed from follows: "On due consideration motion heretofore filed by defendant, Tom Harkey, d/b/a Harkey's Service Station, for summary judgment is granted by the Court.

Plaintiff appealed. The appeal was dismissed because the order was not final. Thompson v. Contreras, 340 Ill. App. 527. After the mandate of this Court was filed in the Superior Court, plaintiff was denied leave to file an amended complaint and a final order was entered October 14, 1950, dismissing the cause.