Warner v. Wende
Appellate Court of Illinois
Error to the Circuit Court of Cook county; the Hon. Richabd S. Tuthill, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1918. Certiorari denied by Supreme Court (making opinion final).
1Opinion of the CourtJustice Barnes
This writ of error brings for review an order vacating a judgment on a motion made at a term subsequent to its entry, based on the claim that such judgment was entered through a mistake of fact caused by the misprision of the clerk. The main question presented is whether the entry of the judgment under the circumstances was error in fact, such as may be corrected by a motion pursuant to section 89 of the Practice Act (J. & A. 8626), or error in law.
The original suit was in attachment, and notice, pursuant to section 22 of the Attachment Act (J. & A. jf 513) requiring defendant to appear at…
2Cases cited1 opinion
- People ex rel. O'Connell v. NoonanIllinois Supreme Court · 1916
3Cited by4 opinions
- Resto v. WalkerAppellate Court of Illinois · 1978
- Di Meo v. HinesAppellate Court of Illinois · 1923
- Ness v. BellAppellate Court of Illinois · 1927
- Nokol Co. v. CunninghamAppellate Court of Illinois · 1923