Albaugh v. Cooley

SUPPLEMENTAL OPINION ON DENIAL OF REHEARING

Mr. JUSTICE RIZZI

delivered this supplemental opinion:

Defendant filed a petition for rehearing which was denied this day by separate order. In the petition, defendant claims that I should not have considered the constitutionality of section 65 of the Civil Practice Act because, according to defendant, the constitutionality of the statute was not raised by the parties. I disagree.

It is the undisputed duty of the court to protect its inherent judicial power from encroachment by legislative enactment and thus preserve an independent judicial department…