Summary
In Puterbaugh v. Smith, 131 Ill. 199, a statute conferring on the circuit court power to punish for contempt any person who refuses to appear before a notary public and give his deposition in obedience to a subpoena issued by such notary was held invalid, since the contempt was directed not against the court but against the notary.
Summary of this case from The People v. WhiteOpinion
No. 5-4322.
Opinion delivered October 23, 1967
APPEAL ERROR — RULING ON DEMURRER — DECISIONS REVIEWABLE. — An order overruling a demurrer to a counterclaim is not a final appealable order.
Appeal from Dallas Circuit Court, G. B. Colvin Jr., Judge; dismissed.
G. E. Smuggs, for appellant.
L. Weems Trussell, for appellee.
Appellant Solomon Jerome Smith Jr.'s appeal from an order of the trial court overruling his demurrer to a counterclaim filed against him by appellee Billy A. Puterbaugh, in the nature of an action for malicious abuse of process, is dismissed for lack of an appealable order. Coffelt v. Gordon, 238 Ark. 974, 385 S.W.2d 939 (1965).