Cohn v. Sesti, 276 Ill. 78 (1916)

Dec. 21, 1916 · Illinois Supreme Court · No. 10979

276 Ill. 78

(No. 10979.)

Isidore Cohn et al. Appellees, vs. Fred Sesti et al. Appellants.

Opinion filed December 21, 1916.

Appeals and errors—judgment of Appellate Court reversing judgment of the lower court and remanding the cause is not final. A judgment of the Appellate Court reversing a judgment of the lower court discharging garnishees in attachment and remanding the cause is not a final judgment, and the Appellate Court is without authority to grant a certificate of importance and an appeal.

Appear from the Second Branch Appellate Court for the First District;—heard in that court on writ of error to the Municipal Court of Chicago; the Hon. John K. PrindivirrE, Judge, presiding.

Thomas D. Nash, and Michaer J. Ahern, for appellants.

Brum, Woresohn & Brum, for appellees.

Mr. Justice Dunn

delivered the opinion of the court:

The appellees sued Edward M. Malo in attachment in the municipal court of Chicago and summoned the appellants as garnishees. Judgment was rendered against Malo for $76.25. The answer of the garnishees was contested and upon a trial they were discharged. The plaintiffs appealed to the Appellate Court, which reversed the judgment, remanded the cause to the municipal court and granted a certificate of importance and appeal to this court.

The judgment of the Appellate Court w;as not final and the appeal was improvidently granted. It will be dismissed.

Appeal dismissed.