Fanning v. Rogerson

Citations

• 142 Ill. 478
• 32 N.E. 521

Syllabus

<p>1. Appeals and writs oe error — final judgment of Appellate Court defined. Judgments, orders and decrees of the Appellate Court are final, within the. meaning of the statute, when they are such as to put an end to the litigation by determining the rights of the parties therein. This may be done by affirming the judgment, order or decree of the court below, by rendering' judgment or decree in the Appellate Court in proper cases, by reversing without remandment, or by reversing and remanding when the judgment or decree of that court is so far conclusive of the rights of the parties, or such directions are given, that nothing remains to be done by the lower court but to carry into effect the judgment or mandate of the Appellate Court.</p> <p>2. The judgment of the Appellate Court refusing a motion to vacate a judgment reversing the judgment of the lower court and remanding generally, and to dismiss the appeal or writ of error for want of jurisdiction, for the reason that a freehold is involved, is not a final order or judgment which is reviewable in this court on appeal or writ of error.</p> <p>3. Same — only final judgments are reviewable. It is only .the final judgments, orders and decrees of the Appellate Court that are reviewable in this court.</p> <p>4. The right of appeal and to prosecute writs of error in this class of cases being regulated by statute, it is only in the cases prescribed by the statute that the judgments of the Appellate Court can be reviewed.</p> <p>5. Same — dismissed for want of jurisdiction. If the Appellate Court, upon any ground, has no jurisdiction to determine a cause, it should at any stage of the case, on motion or sua sponte, dismiss the appeal or writ of error; and this is entirely proper after judgment, while the court retains control of the record, by the entry of a proper order vacating the judgment and dismissing the cause.</p>