Brownmark v. Livingston

Mr. Presiding Justice Windes

delivered the opinion of the court.

First it is claimed that the court had no jurisdiction, after the lapse of the term, to set aside the order dismissing the cause for want of prosecution, and therefore had no jurisdiction subsequently to proceed with the trial and the entry of the decree complained of. Ko objection appears to have been made to the order of the. court vacating the order of dismissal of the cause, nor to the action of the court in thereafter trying the cause. In fact, the plaintiffs in error participated in the trial and offered evidence in support…