{
  "id": 5255583,
  "name": "Leonard Griffin, a Minor, by His Parent and Next Friend, Hannah Griffin, Plaintiffs-Appellants, v. Board of Education of the City of Chicago, a Body Politic, Defendant-Appellee",
  "name_abbreviation": "Griffin v. Board of Education",
  "decision_date": "1962-10-24",
  "docket_number": "Gen. No. 48,698",
  "first_page": "79",
  "last_page": "83",
  "citations": [
    {
      "type": "official",
      "cite": "38 Ill. App. 2d 79"
    }
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
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  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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  "cites_to": [
    {
      "cite": "169 NE2d 534",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "year": 1960,
      "opinion_index": 0
    },
    {
      "cite": "26 Ill App2d 133",
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      "reporter": "Ill. App. 2d",
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        5215703
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    {
      "cite": "92 NE2d 340",
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      "reporter": "N.E.2d",
      "year": 1950,
      "opinion_index": 0
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    {
      "cite": "340 Ill App 527",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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        4998229
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      "year": 1950,
      "opinion_index": 0,
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        "/ill-app/340/0527-01"
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    {
      "cite": "83 NE2d 896",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "year": 1949,
      "opinion_index": 0
    },
    {
      "cite": "336 Ill App 339",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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        2426090
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      "year": 1949,
      "opinion_index": 0,
      "case_paths": [
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    {
      "cite": "22 NE2d 400",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "year": 1939,
      "opinion_index": 0
    },
    {
      "cite": "301 Ill App 228",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        3187927
      ],
      "year": 1939,
      "opinion_index": 0,
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        "/ill-app/301/0228-01"
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    {
      "cite": "17 NE2d 616",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "year": 1938,
      "opinion_index": 0
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    {
      "cite": "297 Ill App 353",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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        5620652
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      "year": 1938,
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/297/0353-01"
      ]
    },
    {
      "cite": "75 NE 473",
      "category": "reporters:state_regional",
      "reporter": "N.E.",
      "year": 1905,
      "opinion_index": 0
    },
    {
      "cite": "217 Ill 200",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        3356400
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      "year": 1905,
      "opinion_index": 0,
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  "analysis": {
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      "percentile": 0.3695572599020252
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    "simhash": "1:2c70f2f45b02f340",
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  "last_updated": "2023-07-14T22:48:14.630720+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "SCHWARTZ and McCORMICK, JJ., concur."
    ],
    "parties": [
      "Leonard Griffin, a Minor, by His Parent and Next Friend, Hannah Griffin, Plaintiffs-Appellants, v. Board of Education of the City of Chicago, a Body Politic, Defendant-Appellee."
    ],
    "opinions": [
      {
        "text": "MR. PRESIDING JUSTICE DEMPSEY\ndelivered the opinion of the court.\nLeonard Griffin, a student at the Fiske Public School, a school maintained by the Board of Education of the City of Chicago, was injured June 9, 1960, while playing upon apparatus in the school\u2019s playground. In his amended complaint he prayed for judgment in the amount of $50,000 and pleaded that the defendant had nonpublic trust funds available and was covered by insurance in excess of the ad damnum.\nThe defendant moved to strike the amended complaint on the ground that recovery was sought for an amount in excess of that allowed by statute. (Ill Rev Stats, 1959, c 122, \u00a7 825.) The motion was sustained and the following order was entered:\n\u201cThis Cause coming on to be heard on Motion of the Defendant to Strike and Dismiss the Amended Complaint, due notice given, the Court being advised,\n\u201cIT IS HEREBY ORDERED that the Amended Complaint is hereby stricken and dismissed. The Court sees no just reason to delay Appeal of this Order.\u201d\nThe plaintiff appealed and the defendant has moved to dismiss for the reason that the order is not final. Ill Rev Stats (1961) c 110, \u00a7 77(1).\nThe last sentence in the order: \u201cThe Court sees no just reason to delay Appeal of this Order\u201d is superfluous. Such an express finding makes an order final and appealable only in those cases involving multiple parties or claims for relief, and where an order, decree or judgment is entered as to one or more but fewer than all of the parties or claims. Ill Rev Stats (1961) c 110, \u00a7 50(2). This case is against one defendant and for one claim.\nIllinois decisions uniformly hold that an order such as the one in question is not final inasmuch as it does not bar another suit for the same cause of action and does not dispose of the rights of the parties. In Chicago Portrait Co. v. Chicago Crayon Co., 217 Ill 200, 75 NE 473 (1905), the trial court sustained the general demurrer of the defendant to the declaration and the plaintiff elected to stand by the declaration and appealed. The Supreme Court said:\n\u201cThe circuit court merely sustained a demurrer to the declaration, and neither adjudged that the plaintiff take nothing by the writ or that the defendant go hence without day, and the judgment contained no words of equivalent meaning. There was no trial of any issue resulting in a finding for the defendant, as there was no issue to be tried and there was nothing in the nature of a determination of the rights of the parties. Such a judgment is not final.\u201d\nThe order in Prange v. City of Marion, 297 Ill App 353, 17 NE2d 616 (1938), provided that certain parts of the complaint be dismissed. The plaintiff appealed from the portion of the order sustaining the motion to strike and to dismiss. The court held that the order complained of was not final. It said:\n\u201cIt [the order] did not, in respect to those dismissed, adjudge that as to those, plaintiffs take nothing, nor that so far as they were concerned, defendant go hence without day; neither did it contain words or phrases of equivalent import, hence within the rule of the cited authorities did not dispose of the rights of the parties respecting such dismissed paragraphs.\u201d\nThe same conclusion was reached in Board of Education of Grant Community High School Hist. No. 121 v. Board of Education of Richmond-Burton Community High School Dist. No. 157, 301 Ill App 228, 22 NE2d 400 (1939):\n\u201cWhere a motion to dismiss a complaint, which is in the nature of a demurrer, is sustained, for such ruling to become final, a judgment should be entered for the defendant to the effect that the plaintiff take nothing hy virtue of such action and that the defendant go hence without day, or words of similar import and meaning.\u201d\nIn Aetna Plywood & Veneer Co. v. Robineau, 336 Ill App 339, 83 NE2d 896 (1949), one of the orders reviewed found that the complaint was insufficient in law to sustain the plaintiff\u2019s action and dismissed the complaint \u201cat plaintiff\u2019s costs.\u201d The Appellate Court said:\n\u201cWe find that neither order from which plaintiff appeals is a final judgment order or decree within the meaning of sec 77 of the Civil Practice Act.\u201d\nIn Thompson v. Contreras, 340 Ill App 527, 92 NE2d 340 (1950), the order from which the plaintiff appealed dismissed the complaint and fixed the appeal bond at $100. The court said:\n\u201cThis order does not adjudge that plaintiff take nothing hy his suit or words of equivalent meaning and therefore is not final and not appeal-able. [Citation.] This court has therefore no jurisdiction and the appeal is hereby dismissed at plaintiff\u2019s costs.\u201d\nThe question again came before the Appellate Court in Johnson v. City of Rockford, 26 Ill App2d 133, 169 NE2d 534 (1960). The court stated:\n\u201cWhere the order merely sustains defendant\u2019s motion to strike complaint without stating more, such order is not a final appealable order, the appeal therefrom must he dismissed, even though the question of jurisdiction is not raised by the parties.\u201d\nThe order in this case does not differ in any material respect from those in the cases cited. It is not a final order from which an appeal lies and the defendant\u2019s motion to dismiss is therefore granted.\nAppeal dismissed.\nSCHWARTZ and McCORMICK, JJ., concur.",
        "type": "majority",
        "author": "MR. PRESIDING JUSTICE DEMPSEY"
      }
    ],
    "attorneys": [
      "H. P. Hutul, of Chicago, for appellants.",
      "Hinshaw, Culbertson, Moelmann & Hoban, of Chicago (Oswell G. Treadway, of counsel), for appellee."
    ],
    "corrections": "",
    "head_matter": "Leonard Griffin, a Minor, by His Parent and Next Friend, Hannah Griffin, Plaintiffs-Appellants, v. Board of Education of the City of Chicago, a Body Politic, Defendant-Appellee.\nGen. No. 48,698.\nFirst District, Third Division.\nOctober 24, 1962.\nH. P. Hutul, of Chicago, for appellants.\nHinshaw, Culbertson, Moelmann & Hoban, of Chicago (Oswell G. Treadway, of counsel), for appellee."
  },
  "file_name": "0079-01",
  "first_page_order": 89,
  "last_page_order": 93
}