Lester v. Berkowitz

Citations

• 125 Ill. 307
• 17 N.E. 706

Syllabus

<p>1. Appeal—interlocutory order—what is a final order—of cm order to produce books of account. An appeal or writ of error will not lie to review a mere interlocutory order of court, or an order which is not final.</p> <p>2. An order of court upon the defendants in a suit at law, to place certain books in which the business transactions of the defendants with the plaintiff and other persons are recorded, in possession of the clerk of the court, -that they may be inspected by the plaintiff and his attorney, in order that they may prepare for the trial of the cause, is not such a final order as may be reviewed on appeal or writ of error.</p> <p>3. If the court attempts to enforce obedience to such an order by the imposition of a fine in a sum of money, with an order for an execution, or by a definite term of imprisonment, as for a contempt of court, the judgment of the court imposing such fine or imprisonment will be final, and one from which an appeal may be taken or to which a writ of error will lie. In such case, the propriety of the interlocutory order may be considered.</p>