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Anderson v. Lundburg

Andrew J. Anderson v. Andrew G. Lundburg

Anderson v. Lundburg, 41 Ill. App. 248 (1891)
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Court
Appellate Court of Illinois · State Appellate Courts
Decided
July 23, 1891
Judges
Waterman
Citations
41 Ill. App. 2481891 Ill. App. LEXIS 119
Headnotes
Account—Practice. The order to account, in an action of account, is interlocutory, and no appeal lies therefrom.
Summary
Appeal from the Superior Court of Cook County; the Hon. Kirk Hawes, Judge, presiding.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Waterman

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Waterman, J. In this case it appears that Lundburg brought in the Superior Court an action of account against Anderson, alleging that from May 1, 1886, to May 1, 1887, he and Anderson were partners.

Anderson appeared and filed a plea denying the partnership; issue having been joined upon this, the cause was tried by a jury, who returned a verdict for the plaintiff, upon which the court ordered the defendant, Anderson, to account as a partner, and appointed Penoyer L. Sherman auditor, to hear and adjust the accounts between the parties and to make report to the court. From this order Anderson has appealed.

In the action of account, which has almost entirely fallen into desuetude, the order to account is merely interlocutory, not final, and is therefore not an appealable order. Lee v. Abrams, 12 Ill. 110 -116; Bacon’s Abridgment, “ Accompt.;” Beitter et al. v. Zeigler, 1 Penrose & Watts, 135; Gessell’s Appeal, 84 Penn. St. 238.

The appeal will therefore be dismissed.

Appeal dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1893: 11895: 11921: 118932026peak 1893 · 1

Relies on it most ⓘ

  1. Wells v. Shriver1921 OK 122, 197 P. 460
  2. C. & C. Electric Motor Co. v. Lewis47 Ill. App. 576 (1893)
  3. Russell v. People61 Ill. App. 333 (1895)

Most recent

  1. Wells v. Shriver1921 OK 122, 197 P. 460
  2. Russell v. People61 Ill. App. 333 (1895)
  3. C. & C. Electric Motor Co. v. Lewis47 Ill. App. 576 (1893)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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