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eBook details

• Title: People Ex Rel. Bowman v. Woods
• Author : Supreme Court of Illinois
• Release Date : January 17, 1970
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

This action was initiated pursuant to "An Act relating to wage deductions for the benefit of creditors and regulating the issuance of deduction orders," approved June 19, 1961 (Ill. Rev. Stat. 1971, ch. 62, par. 71 et seq.), herein called the Wage Deduction Act. Originally, the plaintiff, Charlene Henderson, had secured a judgment against the defendant Foster, her former husband, for arrearages in child-support payments awarded to her under a prior decree of the court. A wage-deduction summons was then issued to the Urbana Park District, defendants employer. (Ill. Rev. Stat. 1971, ch. 62, pars. 74, 75.) The Park District filed a motion to quash the wage-deduction Page 345 summons on the grounds that it was immune from wage-deduction orders, alleging it was a municipal governmental corporation organized and operating under the Park District Code (Ill. Rev. Stat. 1971, ch. 105). The trial court quashed the summons and denied a motion for rehearing. The plaintiff then filed a notice of appeal from the order denying the rehearing and implicitly also appealed from the order quashing the wage-deduction summons. The appellate court held that the denial of the motion for a rehearing was not a final and appealable order and dismissed the appeal. (Henderson v. Foster (1973), 15 Ill. App.3d 133.) In denying rehearing, the appellate court, in a supplemental opinion, considered the order quashing the summons and dismissed the appeal, stating that it was not a final and appealable order, relying on section 20 of the Civil Practice Act (Ill. Rev. Stat. 1971, ch. 110, par. 20(3)). In dicta, the appellate court stated that the motion to quash should have been denied and the defendant required to respond to the complaint by motion to dismiss or other appropriate pleading. We granted leave to appeal.

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