Marine Bank Co. v. Mallers
Appellate Court of Illinois
Assumpsit.—Appeal from the entry of a nunc pro tunc order dismissing the suit. Entered by the Superior Court of Cook County; the Hon. Nathaniel C. Sears, Judge, presiding. Submitted at the March term, 1895. Statement of the Case. The Marine Bank Company filed a suit in assumpsit against John B. Mailers in the Superior Court of Cook County, on the 22d day of May, A. D. 1894. The defendant filed on July 5, 1894, a plea.
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Assumpsit.—Appeal from the entry of a nunc pro tunc order dismissing the suit. Entered by the Superior Court of Cook County; the Hon. Nathaniel C. Sears, Judge, presiding. Submitted at the March term, 1895. Statement of the Case. The Marine Bank Company filed a suit in assumpsit against John B. Mailers in the Superior Court of Cook County, on the 22d day of May, A. D. 1894. The defendant filed on July 5, 1894, a plea. Several months after, the plaintiff, without notice to the defendant, caused to be entered on the 9th day of November, A. D. 1894, an- order which appeared on the record, as…
1Opinion of the Court
Mr. Presiding Justice Waterman
delivered the opinion of the Court.
The record here filed contains no assignment of errors, and we might for this reason dismiss the appeal.
We have, however, considered the brief filed by appellant, and find no sufficient reason for reversing the judgment of the court below. The power of the court to amend its record during the term can not be questioned.
Nunc pro tune orders are usually made because something ordered should have been earlier done.
It clearly appeared to the court that the dismissal made November 9th, should have been at the costs of the plaintiff;…
2Cases cited2 opinions
- Ives v. HulceAppellate Court of Illinois · 1885
- Horner v. HornerAppellate Court of Illinois · 1890
3Cited by2 opinions
- Harris v. SchillingAppellate Court of Illinois · 1903
- Sinnock v. MarneyAppellate Court of Illinois · 1928