Legal Opinion

McKindley v. Buck

Illinois Supreme Court

Decided April 15, 1867PublishedCited by 17 opinions

Writ of Error to the Superior Court of Chicago; the Hon. Joseph E. Gary, Judge, presiding. The facts of the case sufficiently appear in the opinion of the court.

1Opinion of the CourtJustice Breese

This court decided in 1860, after much consideration, that a term of the Circuit Court having expired, no discretion or authority remained with that court to set aside a judgment. It might amend it in mere matter of form, after notice to the opposite party. Cook v. Wood et al., 24 Ill. 295. This decision has been adhered to, and will continue to be. This writ of error coram nobis, issued by the Superior Court of Chicago, has very much the appearance of an attempt to avoid this decision, but it cannot succeed.

This old writ has never been in use in this State, and it has fallen into desuetude…

2Cases cited1 opinion

  1. Cook v. WoodIllinois Supreme Court · 1860

3Cited by17 opinions

  1. Ellman v. De RuiterIllinois Supreme Court · 1952
  2. The People v. TouhyIllinois Supreme Court · 1947
  3. Warren County Soil and Water Conservation District v. WaltersIllinois Supreme Court · 2015
  4. Hadley v. BerneroMissouri Court of Appeals · 1903
  5. Burns v. the PeopleIllinois Supreme Court · 1956

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