Legal Opinion

Page v. Shields

Appellate Court of Illinois

Decided July 2, 1902Published

Assumpsit, for merchandise sold, etc. Error to the County Court of Cook County; the Hon. M. W. Thompson, Judge presiding.

1Opinion of the CourtJustice Waterman

A court has no power to amend its judgment after the lapse of the term at which it ivas entered, save upon notice to the parties to the judgment. Black on Judgments, Sec. 164; Swift v. Allen, 55 Ill. 303; Angus v. Backus, 58 Ill. App. 259; Rauh v. Ritchie, 1 Ill. App. 188.

The order amending the entry of judgment not having been made upon notice, was void; the court having no jurisdiction over the defendant against whom the judgment was. A judgment can not, after the lapse of the term, be amended upon the mere recollection of the judge before whom it was obtained or the affidavit of a party…

2Cases cited9 opinions

  1. Secor v. . SturgisNew York Court of Appeals · 1858
  2. Swift v. AllenIllinois Supreme Court · 1870
  3. McDole v. McDoleIllinois Supreme Court · 1883
  4. Nickerson v. RockwellIllinois Supreme Court · 1878
  5. Buckner v. ThompsonIllinois Supreme Court · 1850

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