Legal Opinion

Baldwin v. McClelland

Illinois Supreme Court

Decided June 19, 1894PublishedCited by 19 opinions

Appeal from the Appellate Court for the First District ;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. S. P. McConnell, Judge, presiding. Appellee brought attachment in the circuit court of Cook county, against appellant. The Washington Park Club was served as garnishee. The writ was returnable and publication was made to the August term, 1891, of that court.

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Appeal from the Appellate Court for the First District ;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. S. P. McConnell, Judge, presiding. Appellee brought attachment in the circuit court of Cook county, against appellant. The Washington Park Club was served as garnishee. The writ was returnable and publication was made to the August term, 1891, of that court. The declaration not having been filed in time, the cause was continued until the September term. On September 23, being one of the days of said September term, this entry of appearance was'filed: “We…

1Opinion of the CourtJustice Shope

The motion to vacate the judgment and set aside the default, having been made at a term of the court subsequent to the term at which the judgment was rendered, was properly overruled. The court had lost jurisdiction to vacate the judgment or set aside the default. Cook v. Wood, 24 Ill. 295; Messervey v. Beckwith, 41 id. 452; McKindley v. Buck, 43 id. 488; Windett v. Hamilton, 52 id. 180 ; Knox v. Winsted, Savings Bank, 57 id. 330; Mason v. McNamara, id. 274; Fix v. Quinn, 75 id. 232; Coursen v. Hixon, 78 id. 339; Becker v. Sauter, 89 id. 596; Constantine v. Wells, 83 id. 192.

This was not an…

2Cases cited6 opinions

  1. Cook v. WoodIllinois Supreme Court · 1860
  2. Stevison v. EarnestIllinois Supreme Court · 1875
  3. Harding v. LarkinIllinois Supreme Court · 1866
  4. Miles v. GoodwinIllinois Supreme Court · 1864
  5. Dart v. HerculesIllinois Supreme Court · 1864

1 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Barnes v. Chicago City Railway Co.Appellate Court of Illinois · 1914
  2. Hagen Paper Co. v. East St. Louis Publishing Co.Illinois Supreme Court · 1915
  3. Karnes v. KeckDistrict Court, E.D. Illinois · 1935
  4. Curran v. FoleyAppellate Court of Illinois · 1897
  5. Whalen v. MumaAppellate Court of Illinois · 1901

14 more not listed; retrieve them via the Exa API.

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