Jeske v. Leoris
| Decision Date | 23 May 1961 |
| Docket Number | Gen. No. 48154 |
| Citation | 175 N.E.2d 672,31 Ill.App.2d 231 |
| Parties | Ferdinand JESKE and Albert Jeske, Plaintiffs-Appellees, v. Drake LEORIS, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Drake Leoris, pro se, Chicago, for appellant.
Thomas S. MacKinlay, Chicago, for appellees.
Plaintiffs brought this action to recover $823.33 allegedly due them by virtue of an assignment of the proceeds of a personal injury action which the assignor, Dante J. Taddeucci, had against the tort feasor, one Rudser. The defendant, attorney for Taddeucci, moved for a summary judgment on the ground that the purported assignment was null and void. The trial court denied the motion and the defendant filed a notice of appeal in which he seeks to have the order denying his motion for a summary judgment reversed. This appeal followed.
Under section 77(1) of the Civil Practice Act (Ch. 110, sec. 77(1), Ill.Rev.Stat.), appeals cannot be taken from any judgments or orders other than those that are final. The order denying the defendant's motion for a summary judgment is not a final order, and consequently is not appealable.
'It is our duty to dismiss such an appeal on our own motion, even where the question of jurisdiction is not raised by any of the parties to the suit.' In re Estate of Shellaberger. (Shellaberger v. Merchants National Bank of Aurora), 331 Ill.App. 1, 4, 72 N.E.2d 220, 221. The appeal is dismissed.
Appeal dismissed.
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...298, 225 N.E.2d 465; Home Indemnity Co. v. Reynolds & Co. (1962), 38 Ill.App.2d 358, 366, 187 N.E.2d 274, 278; Jeske v. Leoris (1961), 31 Ill.App.2d 231, 175 N.E.2d 672.) Moreover, the trial court's finding that there was "no just reason to delay enforcement or appeal" did not make the inte......
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McKee v. Standard Cartage Co.
...a judgment or order that is not final, even when the question of jurisdiction is not raised by the parties to the suit. Jeske v. Leoris, 31 Ill.App.2d 231, 175 N.E.2d 672. The 'memorandum order' of December 1, continuing the case until May 9, was listed in the clerk's minute book, but it wa......