Legal Opinion

Becker v. Sauter

Illinois Supreme Court

Decided September 15, 1878PublishedCited by 13 opinions

Appeal from the Superior Court of Cook county; the Hon. John A. Jameson, Judge, presiding. This was an action of ejectment, to recover the possession of certain premises in Cook county. On the 25th day of November, 1874, a trial was had, and appellee, the defendant in the action, was found not guilty and judgment rendered against appellant for costs.

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Appeal from the Superior Court of Cook county; the Hon. John A. Jameson, Judge, presiding. This was an action of ejectment, to recover the possession of certain premises in Cook county. On the 25th day of November, 1874, a trial was had, and appellee, the defendant in the action, was found not guilty and judgment rendered against appellant for costs. On the 14th day of September, 1875, appellant applied for a new trial under the statute, and an order of court was entered in the cause as follows: “And now comes the said plaintiff, and pays into court all the accrued costs of suit; whereupon it…

1Opinion of the CourtChief Justice Craig

The only question presented by the record is, whether the Superior Court, after the lapse of a year and five months, had the right to review and annul a former decision of the court.

During the term at which a judgment or decree may have been rendered, the court has control over the record, and, for cause appearing, may amend its judgments or decrees or set them aside. But after the expiration of the term at which a judgment is entered, the court has no power to make any substantial amendment or to set it aside. Cook v. Wood, 24 Ill. 295; Lill v. Stookey, 72 id. 495; Coursen v. Hixon, 78 id.…

2Cases cited1 opinion

  1. Cook v. WoodIllinois Supreme Court · 1860

3Cited by13 opinions

  1. Grames v. HawleyU.S. Circuit Court for the District of Kansas · 1883
  2. Atchison, Topeka & Santa Fe Railroad v. ElderIllinois Supreme Court · 1894
  3. Ives v. HulceAppellate Court of Illinois · 1885
  4. Newman v. NewtonU.S. Circuit Court for the District of Colorado · 1882
  5. Maple v. HavenhillAppellate Court of Illinois · 1890

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