Tibbs v. Allen
Illinois Supreme Court
Oisr the 29th of April, 1859, an order was made in the Sangamon Circuit Court, before Rice, Judge, that this cause, which had been off the docket of said court since about the year 1849, should be and it was reinstated, and Erastus "Wright, who had been appointed commissioner in that cause out of which the proceedings herein originated, then on said 29th April, 1859, filed a report entitled Charles H. Allen v. Amelia Allen et al.
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Oisr the 29th of April, 1859, an order was made in the Sangamon Circuit Court, before Rice, Judge, that this cause, which had been off the docket of said court since about the year 1849, should be and it was reinstated, and Erastus "Wright, who had been appointed commissioner in that cause out of which the proceedings herein originated, then on said 29th April, 1859, filed a report entitled Charles H. Allen v. Amelia Allen et al. In partition, decree of November term, 1848; in which report "Wright states, that he advertised the premises for sale at the court-house door in Springfield on 3rd…
1Opinion of the CourtBreese, J.
A very important question is presented by the first error assigned. Great interests are involved in its decision, and it has received from us the most careful consideration.
The proposition is, that striking a cause in partition from the docket, after a final decree has been entered, and a sale of the lands made by the order of the court, removes it entirely from the jurisdiction of the court. Should the removal from the docket have this effect ? From analogy, in criminal cases, it should not have such effect. In those cases, a practice has long obtained in this State, now near half a century,…
2Cited by8 opinions
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- Welch v. LouisIllinois Supreme Court · 1863
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