Atlas Finishing Co. v. Anderson

The principal question raised on the motion to dismiss the appeal is the effect on defendant’s right of appeal of a motion to vacate the judgment appealed from made less than 30 days but more than 5 days after the rendition of the judgment. Another question is defendant’s right to appeal from the order denying his motion to vacate the judgment and grant a new trial.

As said in Corwin v. Rheims, 390 Ill. 205, 215:

“Prior to the adoption of the Civil Practice Act, when there were terms of court, the rule was that any judgment or decree entered of record remained in the breast of the court for the…