The motion in this case must be sustained. An appeal does not lie from such a judgment.
The proper mode of relief is by writ of error.
Motion sustained and appeal dismissed.
Smith v. Coats, 19 Ill. 405 (1858)
April 1858
·
Illinois Supreme Court
19 Ill. 405
Warren Smith v. Augustus B. Coats.
A writ of error, and not by appeal, is the proper mode of bringing a question before the Supreme Court, in reference to taxation of costs upon a fee bill replevied.
This was a motion to dismiss an appeal, taken from the decision of the Circuit Court of Lake county, upon a fee bill replevied, that court having refused to reform certain items of the fee bill.