Shank v. Modern Woodmen of America, 210 Ill. App. 536 (1918)

May 1, 1918 · Illinois Appellate Court · Gen. No. 6,575
210 Ill. App. 536

Alice Shank, Appellant, v. Modern Woodmen of America, Appellee.

Gen. No. 6,575.

(Not to be reported in full.)

Abstract of the Decision.

1. Judgment, § 175 * —what is proper form of for defendant. The form of a judgment for defendant and against plaintiff for costs, given in Town of Magnolia v. Kayes, 200 111. App. 122, approved.

2. Appeal and error, § 288*—what is not final judgment. A judgment against plaintiff for costs after verdict for defendant is not a final judgment and is not appealable.

3. Appeal, and error, § 1118*—when appeal dismissed. ■ Where an appeal is improperly taken from a judgment that is not final, it will be dismissed with leave to appellant to withdraw her record, abstracts and briefs and to appellee to withdraw its briefs.

Appeal from the Circuit Court of Stephenson county; the Hon. Richard S. Farrand, Judge, presiding.

Heard in this court at the April term, 1918.

Appeal dismissed.

Opinion filed May 1, 1918.

Statement of the Case.

Action by Alice Shank, plaintiff, against Modern Woodmen of America, defendant. From a judgment in defendant’s favor for costs, plaintiff appeals.

A. J. Clarity and B. B. Tiffany, for appellant.

Truman Plante, E. D. Beynolds and George G. Perrin, for appellee.

Per Curiam.