{
  "id": 5279100,
  "name": "James Fitzsimmons and Joseph C. Fitzsimmons v. Edna M. Giddings",
  "name_abbreviation": "Fitzsimmons v. Giddings",
  "decision_date": "1900-06-08",
  "docket_number": "",
  "first_page": "434",
  "last_page": "435",
  "citations": [
    {
      "type": "official",
      "cite": "89 Ill. App. 434"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "117 Ill. 137",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2893641
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/117/0137-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T20:30:54.280538+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "James Fitzsimmons and Joseph C. Fitzsimmons v. Edna M. Giddings."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Dibell\ndelivered the opinion of the court.\nJames and Joseph G. Fitzsimmons being about to begin an action of assumpsit against Edna M. Giddings, filed an affidavit for a capias against her, and procured an order therefor. Capias was issued and defendant was arrested, and afterward was released on bail. Thereafter plaintiffs tiled a declaration in said cause, to which defendant pleaded the general issue, and plaintiffs added the similiter. On the same day that the defendant filed the general issue to the declaration she also filed a plea traversing the averments of the affidavit for a capias. Afterward she obtained leave to withdraw this last named plea, and then moved to quash the affidavit and writ for alleged insufficiency of the affidavit. This motion was heard, the affidavit was quashed, appellee\u2019s bail was discharged, the writ was quashed as to the arrest of defendant, and it was ordered to stand as a summons. From these orders plaintiffs prayed and were granted this appeal.\nAppeals only lie from final orders, judgments and decrees, except in cases specially provided for by statute. So far as the record before us discloses, no final judgment has been entered in this cause in the court below. It appears to be still pending there for trial upon the issues formed upon the declaration. If upon the trial of that issue it shall be determined that plaintiffs have no cause of action, the supposed errors here discussed will become immaterial. \u201c The case can not be heard by piecemeal.\u201d Farson v. Gorham, 117 Ill. 137.\nThe appeal is dismissed.",
        "type": "majority",
        "author": "Mr. Justice Dibell"
      }
    ],
    "attorneys": [
      "C. P. Barnes, attorney for appellants.",
      "J. F. Casey and D. T. Smiley, attorneys for appellee."
    ],
    "corrections": "",
    "head_matter": "James Fitzsimmons and Joseph C. Fitzsimmons v. Edna M. Giddings.\nI. Appeals\u2014Do Not Lie from Orders Discharging Bail and Quashing a Capias.\u2014An appeal does not lie from an order in a civil suit discharging bail and quashing a capias, while the case is pending below for the trial of issues formed under the declaration, as such order is not final.\nAppeal from the Circuit Court of McHenry County; the Hon. Charles H. Donnelly, Judge, presiding. Heard in this court at the April term, 1900.\nAppeal dismissed.\nOpinion filed June 8, 1900.\nC. P. Barnes, attorney for appellants.\nJ. F. Casey and D. T. Smiley, attorneys for appellee."
  },
  "file_name": "0434-01",
  "first_page_order": 456,
  "last_page_order": 457
}