APPEAL AND ERROR, § 81 — new trial, necessity of petitioning reviewing court for leave to appeal from order granting. Appeal from order granting new trial in action to recover for goods sold and delivered was dismissed where no petition was filed in reviewing court asking for leave to appeal as required by section 77 of Civil Practice Act, even though appeal bond was filed and approved and appellant filed notice of appeal and proof of service, and report of proceedings subsequently was approved and filed, since procedure followed was not authorized by statute or rules of court (Ill. Rev. Stat. 1945, ch. 110, par. 201; Jones Ill. Stats. Ann. 104.077).
See Callaghan's Illinois Digest, same topic and section number.
Opinion by PRESIDING JUSTICE O'CONNOR.
Not to be published in full. Opinion filed June 16, 1947; released for publication June 30, 1947.