Mains v. Cosner
Illinois Supreme Court
Writ of Error to the Circuit Court of Cass county; the Hon. Charles Turner, Judge, presiding. This was an action on the case, by Joseph Cosner, against Armstead Mains, to recover damages for the seduction of plaintiff’s daughter by the defendant. A trial was had, resulting in a verdict and judgment in favor of the plaintiff for §4000. From this judgment the defendant prosecuted a writ of error to this court.
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Writ of Error to the Circuit Court of Cass county; the Hon. Charles Turner, Judge, presiding. This was an action on the case, by Joseph Cosner, against Armstead Mains, to recover damages for the seduction of plaintiff’s daughter by the defendant. A trial was had, resulting in a verdict and judgment in favor of the plaintiff for §4000. From this judgment the defendant prosecuted a writ of error to this court. The case is reported in 62 Ill. 465. After affirmance in this court, the defendant entered his motion in the court below to set aside the judgment, for the reason that, at the time of the…
1Opinion of the CourtJustice McAllister
In McKindley v. Buck, 43 Ill. 488, it was strongly intimated that a motion made at a term subsequent to that at which judgment was rendered, could not be sustained, though made to correct errors in fact as upon writ of error coram nobis. This was based upon the doctrine of Cook v. Wood et al. 24 Ill. 295, holding that the power of the court over its judgments was exhausted and ended by the close of the term at which they were rendered, except as to amendments in mere matter of form.
By the act in regard to practice in courts of record, sec. 66, (Laws 1871-72, p. 348,) it is provided: “The writ…
2Cases cited5 opinions
- Cook v. WoodIllinois Supreme Court · 1860
- Peak v. ShastedIllinois Supreme Court · 1859
- McKindley v. BuckIllinois Supreme Court · 1867
- Wetmore v. PlantSupreme Court of Connecticut · 1825
- Peart v. PhippsSupreme Court of Pennsylvania · 1807
3Cited by9 opinions
- People ex rel. O'Connell v. NoonanIllinois Supreme Court · 1916
- McCord v. Briggs & TurivasIllinois Supreme Court · 1930
- The People v. DabbsIllinois Supreme Court · 1939
- Estate of Gould v. WatsonAppellate Court of Illinois · 1899
- Mitchell v. EarecksonAppellate Court of Illinois · 1928
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