Cohen v. Devereaux 201 Ill. App. 200

Jacob Cohen and Benjamin Cohen, Appellants, v. H. H. Devereaux and Chicago-Springfield Coal Company, Appellees.

(Not to be reported in full.)

Appeal from the Circuit Court of Morgan county; the Hon. Nobman L. Jones, Judge, presiding. Heard in this court at the April term, 1915.

Appeal dismissed.

Opinion filed April 21, 1916.

Rehearing denied June 30, 1916.

Statement of the Case.

Bill for an accounting filed by Jacob Cohen and Benjamin Cohen, plaintiffs, against H. H. Devereaux and Chicago-Springfield Coal Company, a corporation, defendants. Upon a hearing before the court upon exceptions to the master’s report recommending that the bill be dismissed, the court found that a partnership existed between the parties and referred the case to the master to state an account between them. To reverse such order of reference, the complainants appeal.

Sheen & Galbraith and A, Jacobson, for appellants.

*201Abstract of the Decision.

Appeal and error, § 297*—what does not' constitute final decree. An order of reference to a master in chancery for the purpose of having an account stated between the parties is not a final decree, and an appeal will not lie therefrom.

J. Marshall Miller, for appellees.