Trustees of Schools v. Potter

Citations

• 108 Ill. 433
• 1884 Ill. LEXIS 1496

Syllabus

<p>1. Appeals—;from Appellate Court—when judgment not final. Where the Appellate Court reverses the judgment of the circuit court for an error, in this, that one out of several issues of fact formed in the trial court was immaterial, and remanded the cause for further proceedings, without specific directions, no writ of error will lie from this court to review the judgment of the Appellate Court. In such case the judgment of the Appellate Court is not a final one, nor is it such that no further proceedings can be had in the trial court except to carry into effect the mandate of the Appellate Court.</p> <p>2. Same—former decision. The case of Johnson v. Humboldt Ins. Co. 91 111’. 92, is not to be regarded as authority on this question, for, although the appeal was entertained, the question of the right to do so was not raised by counsel or passed upon by this court.</p>