Thompson v. Contreras

Full title: Ernest Thompson, Appellant, v. Simon Contreras et al., Appellees

Court: Appellate Court of Illinois

Date published: May 3, 1950

92 N.E.2d 340 (Ill. App. Ct. 1950)

92 N.E.2d 340

Opinion

Gen. No. 45,099.

Opinion filed May 3, 1950 Released for publication May 23, 1950

Appeal by plaintiff from the Superior Court of Cook County; the Hon. JOHN A. SBARBARO, Judge, presiding. Heard in the third division of this court for the first district at the February term, 1950. Appeal dismissed. Opinion filed May 3, 1950. Released for publication May 23, 1950.

THOMAS M. POYNTON, JR., of Chicago, for appellant.

MARKS MARKS, of Chicago, for appellees.

MR. JUSTICE KILEY delivered the opinion of the court.

This is a forcible detainer action to recover possession of a cooperative apartment at 4608 S. Wentworth Ave., Chicago, Illinois. The original defendant was Simon Contreras. The other defendants were subsequently joined as parties. All defendants joined in a motion to dismiss the complaint. December 5, 1949, the motion was sustained, the complaint dismissed, and plaintiff has appealed.

The order from which plaintiff appeals is as follows:

"The Complaint in the above case be and the same is hereby dismissed with leave to plaintiff to file an amended complaint, if desired, within 10 days.

"Plaintiff's appeal bond is hereby fixed at $100.00."

This order does not adjudge that plaintiff take nothing by his suit or words of equivalent meaning and therefore is not final and not appealable. Aetna Plywood and Veneer Co. v. Robineau, 366 Ill. App. 339. This court has therefore no jurisdiction and the appeal is hereby dismissed at plaintiff's costs.

Appeal dismissed.

LEWE, P.J., and BURKE, J., concur.