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James Oakey Koontz, Appellant, v. Public Ser

APPEAL AND ERROR, § 75 — appealability of order denying leave to amend claim. Upon appeal by plaintiff in contract action from order denying his motion, for leave to amend his statement of claim to change date upon which alleged cause of action occurred, held that, under statutes relating to appeals, appeal should be dismissed since order was not final order, made no final disposition of case, and was not interlocutory order that was appealable, and cause was still pending in trial court for further proceeding (Ill. Rev. Stat. 1943, ch. 110, pars. 201, 202; Jones Stats. Ann. 104.077, 104.078).

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

Opinion by JUSTICE KILEY.

Not to be published in full. Opinion filed February 14, 1945; released for publication March 5, 1945.

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KOONTZ v. PUBLIC SERVICE CO. OF NORTHERN
(Feb 14, 1945)