Hook v. Richeson

Citations

• 106 Ill. 392
• 1883 Ill. LEXIS 182

Syllabus

<p>1. Appeal—decree in vacation—when it becomes a final decree, so that an appeal will lie. Where a cause in chancery is taken under advisement, and a decree entered in vacation, the decree is not such a final decree as to authorize the complainant to proceed under it until after an intervening term of court, so as to afford any one affected by it an opportunity to question its correctness; and being in fieri until after a term of court has intervened, an appeal taken before the next term after it is entered is premature, and must be dismissed.* </p> <p>2. Same—when prematurely brought, its dismissal no bar to subsequent appeal or writ of error. Where an appeal taken from a decree entered in vacation before the next term of the court, is dismissed as having been prematurely taken, the defendant will still have the right to prosecute another appeal or writ of error after such decree becomes final, at the next term.</p> <p>3. Decree in vacation—restraining proceedings under the decree until objections can be heard at the next term. Where the chancellor takes a case under advisement, and renders a decree in vacation as of the term of the hearing, the decree will not be regarded as final until after the succeeding term, and if the complainant is about to proceed at once upon such decree, the judge, upon a proper application, may enter a temporary restraining order until the defendant can have an opportunity, under the statute, of being fully heard upon his objections to the decree.</p>