Opinion
Gen. No. 44,050. (Abstract of Decision.)
Opinion filed April 21, 1947 Released for publication May 5, 1947
APPEAL AND ERROR, § 98 — orders enlarging scope of and refusing to dissolve temporary injunction, after entry of decree directing accounting, as appealable interlocutory orders. Temporary injunction preserving status quo until final determination of rights of parties did not become functus officio upon entry of decree, after trial, fixing rights of parties and directing an accounting, since final rights of parties could not be determined until final accounting, and therefore subsequent orders enlarging scope of, and refusing to dissolve, that injunction were appealable to Appellate Court as interlocutory orders under section 78 of Civil Practice Act (Ill. Rev. Stat. 1945, ch. 110, par. 202; Jones Ill. Stats. Ann. 104.078).
See Callaghan's Illinois Digest, same topic and section number.
Interlocutory appeal from the Circuit Court of Cook county; the Hon. JOHN PRYSTALSKI, Judge, presiding.
Orders reversed and cause remanded with directions. Heard in the first division, first district, this court at the February term, 1947.
Mayer Goldberg and Leonard L. Levin, for appellants;
William S. Kleinman, for appellee;
Myer N. Rosengard, of counsel.
Not to be published in full. Opinion filed April 21, 1947; released for publication May 5, 1947.