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Robert H. Holmes, Appellant, v. Florence Garrett Holmes, Appellee.

APPEAL AND ERROR, § 375.1 — amendments to notice of appeal. Amendments to notice of appeal, while permitted, relate back to time of filing of original notice and cannot include orders entered subsequent to that time; hence husband appealing from decree in divorce suit could not, by amendment to notice of appeal, have reviewed an order entered by trial court subsequent to date of filing of original notice, especially where amended notice was filed more than 90 days after filing of original one (Ill. Rev. Stat. 1947, ch. 110, par. 259.33; Jones Ill. Stats. Ann. 105.33).

See Callaghan's Illinois Digest, same topic and section number.

Opinion by JUSTICE BARDENS.

Not to be published in full. Opinion filed May 9, 1949; released for publication June 9, 1949.

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HOLMES v. HOLMES
(May 9, 1949)