Cook v. Renick
Illinois Supreme Court
APPEAL PROM COOK. Placita of the January special term (at which the judgment complained of was rendered), begun and held on the llt-h January, 1858, “ in pursuance of the order of this court, heretofore made and entered of record.” But does not give the order nor state that any notices were given, or when the order in fact was entered. This suit was commenced by summons, March 27,1857,— Robert M. Renick, plaintiff, against Isaac Cook, defendant. Declaration in assumpsit.
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APPEAL PROM COOK. Placita of the January special term (at which the judgment complained of was rendered), begun and held on the llt-h January, 1858, “ in pursuance of the order of this court, heretofore made and entered of record.” But does not give the order nor state that any notices were given, or when the order in fact was entered. This suit was commenced by summons, March 27,1857,— Robert M. Renick, plaintiff, against Isaac Cook, defendant. Declaration in assumpsit. First count, on bill of exchange, dated St. Louis, Oct. 16, 1854, drawn by George Hulme on Hulme & White, for $2,000, to…
1Opinion of the Court
Catón, C. J.
The placita in this record recites that the court was held “ in pursuance of an order of this court heretofore made and entered of record.” And it is objected that the order itself should be set out at length, else we must presume that no special term was properly called, and that there was no jurisdiction in the judge to hold the court, and that all the proceedings were coram non judice. We cannot concur in this view of the subject. The statute authorizes the appointment of special terms of the Circuit Court in two modes. In one case, the court, in term time, may enter an order…
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