Guyer v. Wilson

Citations

• 139 Ill. 392
• 28 N.E. 738

Syllabus

<p>1. Appeal—when must be prayed. A party, to avail himself of the right of appeal, must pray for his appeal, and have the same allowed at the term at which the judgment or decree appealed from was rendered,, and if this is not done the right to an appeal is gone, and one subsequently perfected gives the Appellate Court no jurisdiction to review or vacate the judgment or decree.</p> <p>2. Same—what brought up for review—of matters subsequent to the ' term. Where a bill was dismissed on a hearing as to a part of the defendants, the court, at a subsequent term, repeated its former order of dismissal, from which order the complainant appealed to the Appellate Court, where the decree of dismissal was reversed by default: Heldr that the appeal did not bring up for review the first order of dismissal,. and that the Appellate Court had no jurisdiction to review such order.</p> <p>3. After a final order dismissing a bill as to certain defendants, which is not appealed from, the court will lose its jurisdiction of their persons, and a decree at a subsequent term repeating the order of dismissal will be a nullity. After dismissal, the court is powerless, at a-subsequent term, to enter any order affecting the rights of the defendants so discharged by the court, 0</p> <p>4. Pakties—to bill to reach special devise. On bill to reach a special fund which has been devised by a testator, the executrix of the will is a necessary party, as well as the legatees, for the reason that the latter may or may not be entitled to a portion of such fund on final distribution of the estate. And when the bill is dismissed by the court as to the executrix, it is impossible for the court to deal with the fund as against the legatees alone.</p>