Rees v. City of Chicago
Illinois Supreme Court
This was upon writ of error upon a judgment rendered in the Superior Court of Chicago, in an action of ejectment. Pending the writ of error, a new trial was awarded in the court below, under the statute, and the judgment vacated at the instance, of the plaintiff in error.
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This was upon writ of error upon a judgment rendered in the Superior Court of Chicago, in an action of ejectment. Pending the writ of error, a new trial was awarded in the court below, under the statute, and the judgment vacated at the instance, of the plaintiff in error. The defendant in error therefore moved to dismiss the writ of error at the costs of the plaintiff, upon the ground that there is now no judgment in the court below to be affected by the decision of this court.
1Opinion of the Court
Per Curiam :
In the case of Gibson v. Manly et al., 15 Ill. 140, this court held, that the pendency of a writ of error does not preclude the Circuit Court from granting a new trial and vacating the judgment which is sought to be reversed, and that the time during which the cause may be pending in this court for review will not be excluded in the computation of the time within which, under .the statute, the judgment must be vacated and the new trial granted. In view of the ruling in that case, it would be a practical denial of the right of the unsuccessful party in an action of ejectment to…
2Cases cited1 opinion
- Gibson v. ManlyIllinois Supreme Court · 1853
3Cited by2 opinions
- Board of Education v. HelstonAppellate Court of Illinois · 1890
- Iron Silver Min. Co. v. CampbellCourt of Appeals for the Eighth Circuit · 1894