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James J. Walsh et al., Appellees, v. Thomas G. Walsh, Appellant.

APPEAL AND ERROR, § 71 — order overruling demurrer not final or appealable. Where, in partition proceedings, trial court overruled defendant's motion to strike supplemental and amended complaint and counterclaim, and ordered defendant to answer such complaint and counterclaim, such order was in effect the same as overruling a demurrer, and hence such order was not final or appealable, and appeal from such order would be dismissed.

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

Opinion by JUSTICE O'CONNOR.

"Not to be published in full. Opinion filed May 10, 1943.

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WALSH v. WALSH
(May 10, 1943)