{
  "id": 5161858,
  "name": "Francis C. Russell v. The People of the State of Illinois",
  "name_abbreviation": "Russell v. People",
  "decision_date": "1895-12-02",
  "docket_number": "",
  "first_page": "333",
  "last_page": "334",
  "citations": [
    {
      "type": "official",
      "cite": "61 Ill. App. 333"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "59 Ill. App. 345",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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    {
      "cite": "52 Ill. App. 23",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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      "case_paths": [
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    {
      "cite": "41 Ill. App. 248",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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      "opinion_index": 0,
      "case_paths": [
        "/ill-app/41/0248-01"
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    {
      "cite": "30 Ill. App. 498",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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        2421931,
        2421652
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      "opinion_index": 0,
      "case_paths": [
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  "analysis": {
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  "last_updated": "2023-07-14T20:50:02.966731+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Francis C. Russell v. The People of the State of Illinois."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Gary\ndelivered the opinion of the Court.\nThe appellant is the assignee for the benefit of creditors of Hugh Hughes, administering the assets under the direction of the County Court.\nMay 5, 1893, the County Court entered an order under the last section of the act relating to assignments for the benefit of creditors, \u201cthat all proceedings in said estate be discontinued \u201d and that the surplus, \u201c the sum of $1,374.60,' be paid and delivered to the said Hugh Hughes.\u201d It does not appear that the appellant has acted upon that order.\nApril 6, 1895, on the application of creditors, theretofore made, the County Court made an order that appellant should \u201c file a full and complete report of his receipts and disbursements as such assignee, not heretofore reported to the court, within twenty days.\u201d From that order this appeal was taken.\nThe order is not in its nature final, and therefore not appealable. It is, in substance, like a judgment or decree, to account from which an appeal will not lie. Conaut v. Riseborough, 30 Ill. App. 498; Anderson v. Lundburg, 41 Ill. App. 248; Lee v. Zanaway, 52 Ill. App. 23.\n\u201c So long as the estate of the insolvent remains to be distributed, the court may repent any former action.\u201d Mowatt v. Cole, 59 Ill. App. 345.\nThe appellee having moved that the appeal be dismissed, the motion is granted.",
        "type": "majority",
        "author": "Mr. Presiding Justice Gary"
      }
    ],
    "attorneys": [
      "H. C. Bennett and W. A. Phelps, attorneys for appellant.",
      "Parker & Pain, Omohundro & Woodward, and Jacob J. ICern, State\u2019s Attorney, for appellees; \u00a1Nathaniel Bacon, of counsel."
    ],
    "corrections": "",
    "head_matter": "Francis C. Russell v. The People of the State of Illinois.\n1. Final Order\u2014What is Not\u2014Appeals.\u2014Ajo. order of the County Court upon an assignee to file a full and complete report of his receipts and disbursements as such assignee, not theretofore reported, to the court within twenty days, is not a final order from which an appeal will lie.\n2. Insolvent Estates\u2014Power of the County Court.\u2014So long as the estate of an insolvent remains to be distributed the court may revoke or alter any former proceeding.\nAssignment for the Benefit of Creditors.\u2014Appeal from the County Court of Cook County; the Hon. George W. Brown, Judge, presiding.\nHeard in this court at the October term, 1895.\nAppeal dismissed.\nOpinion filed December 2, 1895.\nH. C. Bennett and W. A. Phelps, attorneys for appellant.\nParker & Pain, Omohundro & Woodward, and Jacob J. ICern, State\u2019s Attorney, for appellees; \u00a1Nathaniel Bacon, of counsel."
  },
  "file_name": "0333-01",
  "first_page_order": 331,
  "last_page_order": 332
}