J. W. Reedy Elevator Manufacturing Co. v. Pitvowsky, 35 Ill. App. 364 (1890)

Feb. 12, 1890 · Illinois Appellate Court

35 Ill. App. 364

The J. W. Reedy Elevator Manufacturing Company v. Anna Pitvowsky et al. by Next Friend, etc.

Practice—New Trial—Appeal.

An order overruling a motion for a new trial is not final, and no appeal lies therefrom.

[Opinion filed February 12, 1890.]

Appeal from the County Court of Cook County; the Hon. Richard Pbendbrgast, Judge, presiding.

Mr. George R. Grant, for appellant.

Messrs. Duncan & Gilbert, for appellee.

Garnett, J.

The appellant has brought this record to this court on the supposition that the County Court rendered a judgment against it for $275. The appeal bond recites that such is the fact, but no judgment is found in the record. A verdict for $225 is shown, a motion for a new trial and order overruling the same, whereupon appeal was prayed by appellant, and allowed. The order overruling the motion for a new trial was not final, and no appeal lies therefrom.

There is nothing here for this court to'affirm or reverse, and therefore the appeal must be dismissed.

Appeal dismissed.