Legal Opinion

Finkelstein v. Lyon

Appellate Court of Illinois

Decided November 14, 1910No. Gen. No. 17,151Published

Appeal from the Superior Court of Cook county; the Hon. Ben M. Smith, Judge, presiding. Statement by the Court. July 15, 1910, the motion of the defendant in the Superior Court for a new trial was denied and a judgment entered against him for $15,000, from which he prayed and was allowed an appeal to this court on filing an appeal bond. July 16 defendant filed his appeal bond, which was approved.

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Appeal from the Superior Court of Cook county; the Hon. Ben M. Smith, Judge, presiding. Statement by the Court. July 15, 1910, the motion of the defendant in the Superior Court for a new trial was denied and a judgment entered against him for $15,000, from which he prayed and was allowed an appeal to this court on filing an appeal bond. July 16 defendant filed his appeal bond, which was approved. July 28, at the judgment term, defendant entered his motions to vacate the order approving the appeal bond, to vacate the judgment, to vacate the order denying his motion for a new trial, and for a…

1Opinion of the CourtJustice Baker

The contention of the plaintiff in the judgment is, that after the appeal was perfected by the filing and approval of the appeal bond, the Superior Court had no jurisdiction to vacate the order approving the appeal- bond or to vacate the judgment, or to grant a new trial; that all orders made in the cause after the approval of' the appeal bond must be held void and the judgment of July 15 held to be a final judgment.

In this contention we are unable to concur. Conceding that so long as the order approving the appeal bond remained in force, the Superior Court was without jurisdiction to vacate…

2Cases cited4 opinions

  1. Domitski v. American Linseed Co.Illinois Supreme Court · 1906
  2. Walker v. OliverIllinois Supreme Court · 1872
  3. Roseland Manufacturing Co. v. ArcanAppellate Court of Illinois · 1894
  4. Briggs v. DunneIllinois Supreme Court · 1896

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