APPEAL AND ERROR, § 61 — when order is not appealable. Where appeal is taken prematurely before entry of final judgment, court must, on its own motion, dismiss appeal even though no question of jurisdiction is raised by parties, since in absence of final appealable order, parties cannot confer jurisdiction upon court by consent; and where second amendment to amended complaint was stricken and appeal taken from order striking such amendment, order was held to be not final appeal. able order.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by PRESIDING JUSTICE DOVE.
Not to be published in full. Opinion filed October 22, 1945; released for publication November 19, 1945.