{
  "id": 5310305,
  "name": "The Racine and Mississippi Railroad Company v. The Farmers' Loan and Trust Company et al.",
  "name_abbreviation": "Racine & Mississippi Railroad v. Farmers' Loan & Trust Co.",
  "decision_date": "1873-09",
  "docket_number": "",
  "first_page": "249",
  "last_page": "250",
  "citations": [
    {
      "type": "official",
      "cite": "70 Ill. 249"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "56 Ill. 297",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        817827
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/56/0297-01"
      ]
    },
    {
      "cite": "21 Ill. 207",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2601779
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/21/0207-01"
      ]
    }
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  "analysis": {
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    "simhash": "1:8c6d6cf6883a9f5c",
    "word_count": 499
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  "last_updated": "2023-07-14T17:48:52.595776+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The Racine and Mississippi Railroad Company v. The Farmers\u2019 Loan and Trust Company et al."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Craig\ndelivered the opinion of the Court:\nThis is an appeal from an order made by the circuit court of Stephenson county, at the April term of the court, 1873, which order is as follows:\n\u201cThe Farmers\u2019 Loan and Trust Company v. The Racine and Mississippi Railroad Company et al. Original Bill.\u201d\n\u201cThe Racine and Mississippi Railroad Company v. The Farmer\u2019s Loan and Trust Company et al. Cross-bill.\u201d\n\u201cAnd now, at this day, comes on to be heard the motion of the Eacine and Mississippi Eailroad Company to set aside the sale made under a former decree in this cause, and filed herein September 6, 1871, and the court having heard the evidence taken on said motion, and the argument of respective counsel, overrules the motion. To which ruling of the court said Eacine and Mississippi Eailroad Company, by its solicitors, excepts, and prays an appeal to the Supreme Court, from* the order overruling said motion, which appeal is allowed,\u201d etc.\nThis judgment is interlocutory only, from which an appeal or writ of error will not lie. There must be a final decision of the case, before either party can bring it to this court for review. The record does not show the case finally disposed of in the circuit court. For aught that appears the cause is still pending in the circuit court of Stephenson county.\nThis court has repeatedly decided that an appeal or writ of error will not lie from a decision of the circuit court, unless it is the final judgment in the cause. Woodside v. Woodside, 21 Ill. 207; Gage v. Eich, 56 Ill. 297.\nFor the reason indicated the appeal will be dismissed..\nAppeal dismissed.",
        "type": "majority",
        "author": "Mr. Justice Craig"
      }
    ],
    "attorneys": [
      "Mr. Lyman E. DeWolf, and Mr. J. H. Knowlton, for the appellant.",
      "Messrs. Burchard & Barton, for the appellees."
    ],
    "corrections": "",
    "head_matter": "The Racine and Mississippi Railroad Company v. The Farmers\u2019 Loan and Trust Company et al.\n1. Appeal\u2014lies only from final order or judgment. This court has repeatedly decided that an appeal or writ of error will not lie from a decision of the circuit court, unless it is the final judgment in the cause.\n2. An order in a chancery cause overruling a motion to set aside a sale made under a former decree in the cause, is interlocutory only, from which an appeal or writ of error will not lie.\nAppeal from the Circuit Court of Stephenson county; the Hon. William Brown, Judge, presiding.\nThis was a bill filed by the Farmers\u2019 Loan and Trust Company, against the Eacine and Mississippi Eailroad Company and others, to foreclose a mortgage of $700,000. There was a cross-bill filed, and the court decreed the sale of the mortgaged property. Afterwards, the Eacine and Mississippi Eailroad Company filed its cross-bill and petition against the original complainant and George A. Thompson and the Northern Illinois Eailroad Company, to have the sale of the property set aside. The court below refused the application to set aside the sale, and the defendant appealed.\nMr. Lyman E. DeWolf, and Mr. J. H. Knowlton, for the appellant.\nMessrs. Burchard & Barton, for the appellees."
  },
  "file_name": "0249-01",
  "first_page_order": 249,
  "last_page_order": 250
}