Ball v. Schaffer

Citations

• 112 Ill. 341

Syllabus

<p>1. Appeal—from Appellate Court—when further proceedings are to be had in the trial court. No appeal lies from an order of the Appellate Court reversing a decree in part and. affirming in part, unless the judgment of that court is such that no further proceedings can be had in the court below except to carry into effect the mandate of the Appellate Court.</p> <p>2. So where a decree in a suit for dower, finding the yearly value of the dower interest, and fixing the damages to be paid for the failure to give dower, from the time of the commencement of the suit, was affirmed as to the first part and reversed as to' the damages, and remanded to the court below, with directions to have the damages assessed by a jury, it was held, that no appeal would lie from such judgment of the Appellate Court, as a new trial was to be had in the court below in respect to the damages for a refusal to assign dower.</p>