{
  "id": 2611298,
  "name": "David B. Phelps v. Alexander A. Fickes et al.",
  "name_abbreviation": "Phelps v. Fickes",
  "decision_date": "1872-01",
  "docket_number": "",
  "first_page": "201",
  "last_page": "202",
  "citations": [
    {
      "type": "official",
      "cite": "63 Ill. 201"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 2177,
    "ocr_confidence": 0.576,
    "pagerank": {
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    "sha256": "004666ea4695a53e352e6980e5300c7b7bce961a1c886fc4dc8cd5166ce25bde",
    "simhash": "1:832e98461e974351",
    "word_count": 366
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  "last_updated": "2023-07-14T19:30:19.405961+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "David B. Phelps v. Alexander A. Fickes et al."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Scott,\ndelivered the opinion of the Court:\nThis was an action of debt, brought in the circuit court of Mason county by the appellant, on \u00e1 replevin bond, against appellee Fickes as principal, and the other appellees as securities, on the bond.\nTo the original declaration, filed herein, the appellees filed three pleas, upon which issue was joined. Subsequently, under leave of the court to file an amendment to the declaration,, the appellant filed an additional count.\nA demurrer interposed' to the amendment or second count of the declaration, was, by order of the court, sustained, and under the provisions of the statute the costs accruing thereon were adjudged against the appellant.\nFrom the order and judgment of the court sustaining the demurrer and awarding costs, the appellant now\u201d prosecutes this appeal.\nHo disposition whatever was made by the circuit court of the issues joined on the several pleas to the first or original count of the declaration, and no final judgment was or could be rendered in the cause while those issues remained undetermined.\nIt is only from final judgments or decrees that an appeal will lie to this court. There having been no final judgment in this cause, the appeal was improvidently awarded, and for that reason must be dismissed.\nWe are asked by counsel to consider the questions raised by the demurrer to the second count of the declaration. This we must decline to do. It is not practicable for this court to consider separately questions as they may arise in the progress of a suit. We can only consider the case when the whole record is before us for final adjudication.\nThe appeal must be dismissed.\nAppeal dismissed.",
        "type": "majority",
        "author": "Mr. Justice Scott,"
      }
    ],
    "attorneys": [
      "Messrs. Lacey & Wallace, for the appellant.",
      "Messrs. Dearborn & Campbell, for the appellee."
    ],
    "corrections": "",
    "head_matter": "David B. Phelps v. Alexander A. Fickes et al.\nAppeal\u2014when it willjie. It is only from final judgments or decrees that an appeal will lie to this court. And where questions are presented upon appeals from decisions of the lower court not final, this court will refuse to consider them, and will dismiss the appeal.\nAppeal from the Circuit Court of Mason county; the Hon. Charles Turner, Judge, presiding.\nMessrs. Lacey & Wallace, for the appellant.\nMessrs. Dearborn & Campbell, for the appellee."
  },
  "file_name": "0201-01",
  "first_page_order": 203,
  "last_page_order": 204
}