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Illinois ex rel. Gersch v. City of Chicago

226 U.S. 451 Court SCOTUS Decision date 1913-01-06 Docket No. 474 English

Delivered by White C.J.

Contents

Majority — White C.J.

p. 451
PEOPLE OF THE STATE OF ILLINOIS EX REL. GERSCH, v. CITY OF CHICAGO ET AL.

Syllabus

ERROR TO THE SUPREME COURT OF THE STATE OF ILLINOIS.
No. 474.
Submitted December 16, 1912.
Decided January 6, 1913.
Where the record does not contain the final judgment to which the writ of error'is directed this court cannot assume that a judgment was entered and is without authority to exert jurisdiction.
The facts are stated in the opinion.
Mr. John W. Beckwith and Mr. W: H. Sexton, for the defendants in error, in support of motion to dismiss or affirm.
Mr. Allen B. Chilcoat and Mr. Stephen A. Day, for the plaintiff in error, in opposition thereto.

Memorandum opinion, by direction of the court, by

This is a companion case to Preston v. City of Chicago, No. 195, just disposed of. Unlike the record in the Preston case, however, the record in this case does not contain the final judgment to which the writ of error is directed. As we cannot assume that a judgment was- in fact entered in the Supreme Court of Illinois, it results that we are without authority to exert jurisdiction.

Writ of error dismissed.