Thompson v. Contreras

Decision Date03 May 1950
Docket NumberGen. No. 45099
Citation92 N.E.2d 340,340 Ill.App. 527
PartiesTHOMPSON v. CONTRERAS et al.
CourtUnited States Appellate Court of Illinois

Thomas M. Poynton, Jr., Chicago, for appellant.

Marks & Marks, Chicago, for appellees.

KILEY, Justice.

This is a forcible detainer action to recover possession of a cooperative apartment at 4608 S. Wentworth Ave., Chicago, Illinois. The original defendant was Simon Contreras. The other defendants were subsequently joined as parties. All defendants joined in a motion to dismiss the complaint. December 5, 1949, the motion was sustained, the complaint dismissed, and plaintiff has appealed.

The order from which plaintiff appeals is as follows:

'The Complaint in the above case be and the same is hereby dismissed with leave to plaintiff to file an amended complaint, if desired, within 10 days.

'Plaintiff's appeal bond is hereby fixed at $100.00.'

This order does not adjudge that plaintiff take nothing by his suit or words of equivalent meaning and therefore is not final and not appealable. AEtna Plywood and Veneer Co. v. Robineau, 336 Ill.App. 339, 83 N.E.2d 896. This court has therefore no jurisdiction and the appeal is hereby dismissed at plaintiff's costs.

Appeal dismissed.

LEWE, P. J., and BURKE, J., concur.

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6 cases
  • St. Joseph Data Service, Inc. v. Thomas Jefferson Life Ins. Co. of America
    • United States
    • United States Appellate Court of Illinois
    • July 18, 1979
    ...(1960), 26 Ill.App.2d 133, 169 N.E.2d 534, Overruled, Peach v. Peach (1966), 73 Ill.App.2d 72, 218 N.E.2d 504; Thompson v. Contreras (1950), 340 Ill.App. 527, 92 N.E.2d 340; Aetna Plywood & Veneer Co. v. Robineau (1949), 336 Ill.App. 339, 83 N.E.2d 896; Prange v. City of Marion (1938), 297 ......
  • Backman v. Nelson
    • United States
    • United States Appellate Court of Illinois
    • May 4, 1950
  • Johnson v. City of Rockford
    • United States
    • United States Appellate Court of Illinois
    • October 6, 1960
    ...of Marion, 297 Ill.App. 353, 17 N.E.2d 616; Aetna Plywood & Veneer Co. v. Robineau, 336 Ill.App. 339, 83 N.E.2d 896; Thompson v. Contreras, 340 Ill.App. 527, 92 N.E.2d 340. Where the order merely sustains defendant's motion to strike complaint without stating more, such order is not a final......
  • Land O'Lakes Creameries v. Dennis
    • United States
    • United States Appellate Court of Illinois
    • May 3, 1950
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