Christensen v. R.W. Bartelmann Co., No. 10605.

CourtSupreme Court of Illinois
Writing for the CourtDUNN
Citation273 Ill. 346,112 N.E. 686
Decision Date09 June 1916
Docket NumberNo. 10605.
PartiesCHRISTENSEN v. R. W. BARTELMANN CO.

273 Ill. 346
112 N.E. 686

CHRISTENSEN
v.
R. W. BARTELMANN CO.

No. 10605.

Supreme Court of Illinois.

April 20, 1916.
Rehearing Denied June 9, 1916.


Appeal from Appellate Court, First District, on Appeal from Circuit Court, Cook County; Charles H. Bowles, Judge.

Proceedings under the Workmen's Compensation Act by Carl Christensen to obtain compensation for personal injuries, opposed by the R. W. Bartelmann Company, the employer. Compensation was denied, the decision of the board of arbitration reversed by the circuit court, and the employer appealed to the Appellate Court. From an order of the Appellate Court dismissing the appeal, the employer appeals. Reversed and remanded, with directions.


[273 Ill. 346]John A. Bloomingston, of Chicago, for appellant.

John J. Sonsteby, of Chicago, for appellee.


DUNN, J.

The question to be decided in this case is whether, under the Workmen's Compensation Act of 1911, an appeal was allowed to the Appellate Court from the judgment of the circuit court rendered on an appeal from the finding of the board of arbitration. The appellee received an injury while he was employed by the appellant. The board [273 Ill. 347]of arbitration decided that he was not entitled to compensation. On his appeal to the circuit court of Cook county a jury found a verdict in his favor, upon which the court entered judgment. An appeal was allowed to the Appellate Court, but that court, on motion of the appellee, dismissed the appeal on the ground that it had no jurisdiction. This appeal is from the order of dismissal; the court having granted a certificate of importance.

The act in question contains no provision for an appeal from the judgment of the circuit court. If there was any right to such appeal, it was by virtue of section 8 of the Appellate Court Act (Hurd's Rev. St. 1913, c. 37, § 25) and section 91 of the Practice Act (Hurd's Rev. St. 1913, c. 110), the first of which provides that:

The Appellate Courts shall ‘have jurisdiction of all matters of appeal, or writs of error from the final judgments, orders or decrees of any of the circuit courts, or the superior court of Cook county, or county courts, or from the city courts in any suit or proceeding at law, or in chancery other than criminal cases, not misdemeanors, and cases involving a franchise or freehold or the validity of a statute.’

Section 91 of the Practice Act provides:

‘Appeals shall lie to and writs of error from the Appellate or Supreme Court, as may be allowed by law, to...

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10 practice notes
  • Superior Coal Co. v. O'Brien, No. 26944.
    • United States
    • Supreme Court of Illinois
    • September 14, 1943
    ...action at law or suit in chancery, there is a right of review. People v. Gale, 339 Ill. 162, 171 N.E. 186; Christensen v. Bartelmann Co., 273 Ill. 346, 112 N.E. 686;Lavin v. Wells Bros. Co., 272 Ill. 609, 112 N.E. 271. The expression ‘civil proceedings both at law and in equity’ is sufficie......
  • Kane v. Hudson, No. 10586.
    • United States
    • Supreme Court of Illinois
    • June 9, 1916
    ...contract. On April 21, 1914, he filed in the county court his petition, verified by his oath, for the probate of the will and for letters [112 N.E. 686]testamentary, in which he stated that John Hudson died seised and possessed of real estate valued at about $28,000. Evidently he did not th......
  • Phelps v. Bd. of Appeals of City of Chicago, No. 16499.
    • United States
    • Supreme Court of Illinois
    • June 10, 1927
    ...kind previously enforced either at law or in chancery. Douglas v. Hutchinson, 183 Ill. 323, 55 N. E. 628;Christensen v. Bartelmann Co., 273 Ill. 346, 112 N. E. 686;Lavin v. Wells Bros. Co., 272 Ill. 609, 112 N. E. 271; People v. Emmerson, supra. Even if the right sought to be asserted is on......
  • Scheuer v. Johns-Manville Products Corp., Gen. No. 10044.
    • United States
    • United States Appellate Court of Illinois
    • February 3, 1947
    ...of a procedure according to the course of the common law. People v. Gale [339 Ill. 162, 171 N.E. 186];Christensen v. Bartelmann Co. [273 Ill. 346, 112 N.E. 686]; Lavin v. Wells Bros. Co. [272 Ill. 609, 112 N.E. 271]. In such cases, sections 1 and 77 of the Civil Practice Act apply and an ap......
  • Request a trial to view additional results
10 cases
  • Superior Coal Co. v. O'Brien, No. 26944.
    • United States
    • Supreme Court of Illinois
    • September 14, 1943
    ...action at law or suit in chancery, there is a right of review. People v. Gale, 339 Ill. 162, 171 N.E. 186; Christensen v. Bartelmann Co., 273 Ill. 346, 112 N.E. 686;Lavin v. Wells Bros. Co., 272 Ill. 609, 112 N.E. 271. The expression ‘civil proceedings both at law and in equity’ is sufficie......
  • Kane v. Hudson, No. 10586.
    • United States
    • Supreme Court of Illinois
    • June 9, 1916
    ...contract. On April 21, 1914, he filed in the county court his petition, verified by his oath, for the probate of the will and for letters [112 N.E. 686]testamentary, in which he stated that John Hudson died seised and possessed of real estate valued at about $28,000. Evidently he did not th......
  • Phelps v. Bd. of Appeals of City of Chicago, No. 16499.
    • United States
    • Supreme Court of Illinois
    • June 10, 1927
    ...kind previously enforced either at law or in chancery. Douglas v. Hutchinson, 183 Ill. 323, 55 N. E. 628;Christensen v. Bartelmann Co., 273 Ill. 346, 112 N. E. 686;Lavin v. Wells Bros. Co., 272 Ill. 609, 112 N. E. 271; People v. Emmerson, supra. Even if the right sought to be asserted is on......
  • Scheuer v. Johns-Manville Products Corp., Gen. No. 10044.
    • United States
    • United States Appellate Court of Illinois
    • February 3, 1947
    ...of a procedure according to the course of the common law. People v. Gale [339 Ill. 162, 171 N.E. 186];Christensen v. Bartelmann Co. [273 Ill. 346, 112 N.E. 686]; Lavin v. Wells Bros. Co. [272 Ill. 609, 112 N.E. 271]. In such cases, sections 1 and 77 of the Civil Practice Act apply and an ap......
  • Request a trial to view additional results

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