{
  "id": 2591623,
  "name": "Emma Galler, Individually, and as Trustee Under a Trust Agreement Dated July 21, 1956, and as Executor of the Last Will and Testament of Benjamin A. Galler, Deceased, Plaintiff-Appellee, v. Isadore A. Galler, et al., Defendants-Appellants",
  "name_abbreviation": "Galler v. Galler",
  "decision_date": "1966-03-22",
  "docket_number": "Gen. No. 50,570",
  "first_page": "397",
  "last_page": "399",
  "citations": [
    {
      "type": "official",
      "cite": "69 Ill. App. 2d 397"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "195 NE2d 233",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "year": 1963,
      "opinion_index": 0
    },
    {
      "cite": "45 Ill App2d 159",
      "category": "reporters:state",
      "reporter": "Ill. App. 2d",
      "case_ids": [
        5240552
      ],
      "year": 1963,
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-2d/45/0159-01"
      ]
    },
    {
      "cite": "206 NE2d 304",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "year": 1965,
      "opinion_index": 0
    },
    {
      "cite": "56 Ill App2d 334",
      "category": "reporters:state",
      "reporter": "Ill. App. 2d",
      "case_ids": [
        5285626
      ],
      "year": 1965,
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-2d/56/0334-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 269,
    "char_count": 3575,
    "ocr_confidence": 0.608,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.08245152516613903
    },
    "sha256": "5fe7954fb9fe1481a289cca01510d8e4d9b606681716ab553ebea001fe4ca765",
    "simhash": "1:9337c09328ff131a",
    "word_count": 605
  },
  "last_updated": "2023-07-14T20:54:18.448543+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "LYONS and BURKE, JJ., concur."
    ],
    "parties": [
      "Emma Galler, Individually, and as Trustee Under a Trust Agreement Dated July 21, 1956, and as Executor of the Last Will and Testament of Benjamin A. Galler, Deceased, Plaintiff-Appellee, v. Isadore A. Galler, et al., Defendants-Appellants."
    ],
    "opinions": [
      {
        "text": "MR. PRESIDING JUSTICE BRYANT\ndelivered the opinion of the court.\nThis appeal comes from an order entered in the Circuit Court of Cook County, February 11, 1965 which directed that a meeting of stockholders of the Galler Drug Company take place, and also directed who the officers to be elected were and what would be their salaries.\nThe case was returned to the Circuit Court after the Supreme Court held that an agreement entered into by the parties was enforceable. The stockholders\u2019 meeting was directed pursuant to this agreement. The Supreme Court also ordered an accounting concerning certain funds paid to appellants herein, and there is pending in the Circuit Court a question concerning the ownership of six shares of stock in this corporation.\nThis case was taken along with a motion to dismiss the appeal on the grounds that this court did not have jurisdiction under chap 110, Ill Rev Stats 1965, \u00a7 50(2). That section reads:\n\u201cIf multiple parties or multiple claims for relief are involved in an action, the court may enter a final order, judgment or decree as to one or more but fewer than all of the parties or claims only upon an express finding that there is no just reason for delaying enforcement or appeal. In. the absence of that finding, any order, judgment or decree which adjudicates fewer than all the claims or the rights . and liabilities of fewer than all the parties does not terminate the action, is not enforceable or appeal-able, and is subject to revision at any time before the entry of an order, judgment or decree adjudicating all the claims, rights and liabilities of all the parties.\u201d\nIn this case there was no finding that there was no just reason for delaying enforcement or appeal. According to the clear language of the statute, the order that was entered is not appealable.\nThe appellants have cited two cases in opposition to this proposition, In re Estate of Sherwood, 56 Ill App2d 334, 206 NE2d 304 (1965) and Micelli v. Micelli, 45 Ill App2d 159, 195 NE2d 233 (1963) for the proposition that where a judgment or order is enforceable through the use of a contempt of court citation, the matter is appealable whether or not the court has determined all the issues and whether or not there has been a finding that there is no just cause to delay enforcement or appeal. In this case, however, contempt citations are not available. The parties did hold the meeting and elected the persons selected by the Court at the designated salaries. The Court now has no basis for charging anyone with contempt. Had the appellants chosen to take this appeal before complying with the order of the Court below, they might have had a reviewable order on appeal. We need not speculate, however, on what might have been. There is no appealable order before this Court and the appeal is dismissed.\nAppeal dismissed.\nLYONS and BURKE, JJ., concur.",
        "type": "majority",
        "author": "MR. PRESIDING JUSTICE BRYANT"
      }
    ],
    "attorneys": [
      "Mayer, Friedlich, Spiess, Tierney, Brown & Platt, of Chicago (Frank D. Mayer, Patrick W. O\u2019Brien, Edward R. Lev and George W. Hamman, of counsel), for appellants Rose and Aaron Galler; Jesse Marcus, of Chicago, for appellant, Rose Galler, as Executrix of Estate of Isadore A. Galler, Deceased.",
      "Arvey, Hodes & Mantynband, of Chicago (Sidney R. Zatz and Jack H. Oppenheim, of counsel), for appellee."
    ],
    "corrections": "",
    "head_matter": "Emma Galler, Individually, and as Trustee Under a Trust Agreement Dated July 21, 1956, and as Executor of the Last Will and Testament of Benjamin A. Galler, Deceased, Plaintiff-Appellee, v. Isadore A. Galler, et al., Defendants-Appellants.\nGen. No. 50,570.\nFirst District, Second Division.\nMarch 22, 1966.\nMayer, Friedlich, Spiess, Tierney, Brown & Platt, of Chicago (Frank D. Mayer, Patrick W. O\u2019Brien, Edward R. Lev and George W. Hamman, of counsel), for appellants Rose and Aaron Galler; Jesse Marcus, of Chicago, for appellant, Rose Galler, as Executrix of Estate of Isadore A. Galler, Deceased.\nArvey, Hodes & Mantynband, of Chicago (Sidney R. Zatz and Jack H. Oppenheim, of counsel), for appellee."
  },
  "file_name": "0397-01",
  "first_page_order": 409,
  "last_page_order": 411
}