#### Weldon Webster, Receiver, Plaintiff in Error, v. Ida A. Olsen et al., Defendants in Error.

Gen. No. 21,741.

(Not to be reported in full.)

Error to the Circuit Court of Cook county; the Hon. Kickham Scanlan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1915.

Writ dismissed.

Opinion filed November 14, 1916.

Statement of the Case.

Bill in chancery by Weldon Webster, receiver, complainant, against Ida A. Olsen et al., defendants, in the Circuit Court of Cook county. To reverse an order dismissing the bill as to certain defendants, complainant prosecutes this writ of error.

Weldon Webster, for plaintiff in error.

E. C. Mapledoram, for defendants in error.

Abstract of the Decision.

1. Appeal and ebkob—when review of final decree not authorized on assignments of error. Where the Appellate Court dismisses an appeal from an order in a chancery cause on the ground that it was premature, the order appealed from not being final, the assignments of error filed on such dismissed appeal, when refiled on appeal from a final decree in the same cause, cannot be treated as bringing the final decree before the Appellate Court for review, since such assignments relate to proceedings anterior to such final decree.

2. Appeal and ebkob, § 1108 * —when writ of error not bringing all defendants before court dismissed. On appeal by a complainant from a final decree dismissing the bill as to several defendants, and entering a decree against only one defendant, a writ of error *53not bringing all the defendants before the Appellate Court must be dismissed, since the writ must agree with the record, and in order to bring the decree up for review, all living defendants in the original suit must join, so that the whole case may be disposed of and that the record may agree with the record below.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

*52Mr. Justice McG-oorty

delivered the opinion of the court.