Lavin v. Wells Bros. Co., No. 10462.

CourtSupreme Court of Illinois
Writing for the CourtCARTWRIGHT
Citation112 N.E. 271,272 Ill. 609
Decision Date20 April 1916
Docket NumberNo. 10462.
PartiesLAVIN v. WELLS BROS. CO.

272 Ill. 609
112 N.E. 271

LAVIN
v.
WELLS BROS. CO.

No. 10462.

Supreme Court of Illinois.

April 20, 1916.


Error to Branch D Appellate Court, First District, on Appeal from Superior Court, Cook County; Clarence N. Goodwin, Judge.

Proceeding under the Workmen's Compensation Act of 1911 by Martin Lavin, administrator, to recover compensation for the death of Thomas Lavin, opposed by the Wells Bros. Company, the employer. To review a judgment of the Appellate Court, dismissing the employer's appeal from the order of the superior court awarding compensation, the employer brings certiorari. Judgment of the Appellate Court reversed, and cause remanded to that court, with directions.


[272 Ill. 610]

[112 N.E. 272]

F. J. Canty, E. A. Zimmerman, and R. P. Garrett, all of Chicago, for plaintiff in error.

Gorman, Pollock & Livingston, of Chicago, for defendant in error.


CARTWRIGHT, J.

Thomas Lavin was employed by the Wells Bros. Company, a corporation, and suffered injuries from which he died on January 16, 1913. Martin Lavin, administrator of his estate, applied to the superior court of Cook county for the appointment of the third arbitrator to determine the question of his right to compensation, and the amount of the same, under the Workmen's Compensation Act of 1911. The court appointed an arbitrator and an award was made, from which the corporation appealed to the court. The cause was tried by the court without a jury, and there was a finding for the administrator and an order that the corporation should pay to him $3,500, in equal weekly installments of $8.61. From that judgment the corporation was allowed and perfected an appeal to the Appellate Court for the First District. The Appellate Court dismissed the appeal on the ground that the law did not allow an appeal from the judgment and therefore the court had no jurisdiction.[272 Ill. 611]The record has been brought to this court by writ of certiorari.

The Appellate Court Act and the Practice Act provide for appeals from final judgments, orders, or decrees in any suit or proceeding at law or in chancery, and the question whether an appeal will lie from the judgment of a court under the Workmen's Compensation Act depends upon whether the proceeding in the court is a suit or proceeding at law or in chancery. The term ‘suit or proceeding at law or in chancery’ includes every claim or demand in a court of justice which was known at the adoption of our Constitution as an action at law or a suit in chancery, and...

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10 practice notes
  • Superior Coal Co. v. O'Brien, No. 26944.
    • United States
    • Supreme Court of Illinois
    • 14 Septiembre 1943
    ...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 sufficiently comprehensive to include every claim or demand ......
  • Phelps v. Bd. of Appeals of City of Chicago, No. 16499.
    • United States
    • Supreme Court of Illinois
    • 10 Junio 1927
    ...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 one which did not exist at common law but is of statutory......
  • Scheuer v. Johns-Manville Products Corp., Gen. No. 10044.
    • United States
    • United States Appellate Court of Illinois
    • 3 Febrero 1947
    ...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 appeal is available.' Superior Coal Co. v. O'Brien, 383......
  • People v. Banks, No. 10436.
    • United States
    • Supreme Court of Illinois
    • 20 Abril 1916
    ...provisions of section 253 of the Revenue Act. Hurd's Stat. [272 Ill. 506]1913, p. 2069. Where proceedings are had under this section for [112 N.E. 271]the foreclosure of a tax lien and the purchaser at such sale makes an application to the court to have a deed issued to him pursuant to such......
  • Request a trial to view additional results
10 cases
  • Superior Coal Co. v. O'Brien, No. 26944.
    • United States
    • Supreme Court of Illinois
    • 14 Septiembre 1943
    ...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 sufficiently comprehensive to include every claim or demand ......
  • Phelps v. Bd. of Appeals of City of Chicago, No. 16499.
    • United States
    • Supreme Court of Illinois
    • 10 Junio 1927
    ...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 one which did not exist at common law but is of statutory......
  • Scheuer v. Johns-Manville Products Corp., Gen. No. 10044.
    • United States
    • United States Appellate Court of Illinois
    • 3 Febrero 1947
    ...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 appeal is available.' Superior Coal Co. v. O'Brien, 383......
  • People v. Banks, No. 10436.
    • United States
    • Supreme Court of Illinois
    • 20 Abril 1916
    ...provisions of section 253 of the Revenue Act. Hurd's Stat. [272 Ill. 506]1913, p. 2069. Where proceedings are had under this section for [112 N.E. 271]the foreclosure of a tax lien and the purchaser at such sale makes an application to the court to have a deed issued to him pursuant to such......
  • Request a trial to view additional results

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