International Bank v. Jenkins

Citations

• 109 Ill. 219

Syllabus

<p>1. Appeal—only from final judgment, and what is a final judgment in the Appellate Oowrt. The fact that a decree of the circuit court is affirmed in two particulars, and reversed in all other respects, without any direction to the circuit court, does not constitute a final judgment of the Appellate Court from which an appeal or writ of error lies.</p> <p>.2. To give an appeal or writ of error from or to the circuit court, there must be a final disposition of the whole case as to all the parties. A cause can not be removed to a higher court for review as to one party at one time, and as to another party at another time. Hence no appeal lies from an order of the Appellate Court reversing a decree of the circuit court in part and affirming in part, when the judgment of the Appellate Court is not such that no further proceedings can be had in the court below except to carry into effect the mandate of the Appellate Court.</p>