Church v. English
Illinois Supreme Court
Writ of Error to the Circuit Court of Vermilion county; the Hon. O. L. Davis, Judge, presiding. This was a motion made in the Vermilion circuit court, in August, 1875, to reinstate the cause, and amend the record so as to correspond with the judge’s minutes.
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Writ of Error to the Circuit Court of Vermilion county; the Hon. O. L. Davis, Judge, presiding. This was a motion made in the Vermilion circuit court, in August, 1875, to reinstate the cause, and amend the record so as to correspond with the judge’s minutes. The cause was, in 1865, removed from said court to the circuit court of Macon county, on a change of venue, as shown by the judge’s minutes, but the order for the change of venue was never entered upon the record by the clerk. The court, upon an inspection of the judge’s minutes, ordered the record to be amended so as to show the order…
1Opinion of the CourtChief Justice Scott
That a court has power to amend its own records at a subsequent term, upon notice to parties adversely interested, is not doubted. The single inquiry is, whether that authority was rightfully exercised under all the circumstances in this case.
At the August term, 1875, the circuit court of Vermilion county, upon notice given to all parties concerned, ordered the record in this cause to be amended so as to show what orders had, in fact, been made in it at the September term, 1865. All the amendments allowed were made upon an inspection of the judge’s minutes, entered upon his docket at the…
2Cases cited2 opinions
- Cook v. WoodIllinois Supreme Court · 1860
- McCormick v. Wheeler, Mellick & Co.Illinois Supreme Court · 1864
3Cited by31 opinions
- Gebbie v. MooneyIllinois Supreme Court · 1887
- Knefel v. PeopleIllinois Supreme Court · 1900
- People ex rel. Hubbard v. AnthonyIllinois Supreme Court · 1889
- Ives v. HulceAppellate Court of Illinois · 1885
- Davenport v. KirklandIllinois Supreme Court · 1895
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