Legal Opinion

Paine v. Doughty

Illinois Supreme Court

Decided October 25, 1911PublishedCited by 21 opinions

Writ oE Error to the Circuit Court of DeKalb county; the Hon. Mazzini Seusser, Judge, presiding. Fayette M. Paine died in May, 1898, leaving Sarah J. ' Paine, his widow, and Fura M. Paine, his only child. The latter conveyed to the widow, her mother, all her interest in the real estate involved in this suit and other real estate, and afterward married A. C. Doughty. Two children were born to them.

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Writ oE Error to the Circuit Court of DeKalb county; the Hon. Mazzini Seusser, Judge, presiding. Fayette M. Paine died in May, 1898, leaving Sarah J. ' Paine, his widow, and Fura M. Paine, his only child. The latter conveyed to the widow, her mother, all her interest in the real estate involved in this suit and other real estate, and afterward married A. C. Doughty. Two children were born to them. Afterward Fura M. Paine Doughty filed a bill in the circuit court of DeKalb county to set aside her conveyance to her mother. While the cause was held under advisement, after a hearing on the…

1Opinion of the CourtJustice Dunn

The decree which the plaintiff in error desires to have construed was not a judicial determination, by the consideration of the court, of the rights of the parties. It does not purport to represent the judgment of the court in regard to such rights, but merely records the agreement of the parties and by their consent directs that they shall perform it. A decree so entered by consent cannot be reviewed by appeal, writ of" error or bill of review. (Armstrong v. Cooper, 11 Ill. 540; Knobloch v. Mueller, 123 id. 554; Cox v. Lynn, 138 id. 195; First Nat. Bank v. Illinois Steel Co. 174 id. 140;…

2Cases cited2 opinions

  1. Armstrong v. CooperIllinois Supreme Court · 1850
  2. Fletcher v. RootIllinois Supreme Court · 1909

3Cited by21 opinions

  1. Bergman v. RhodesIllinois Supreme Court · 1929
  2. In Re Estate of MeredithMichigan Supreme Court · 1936
  3. Filosa v. PecoraAppellate Court of Illinois · 1974
  4. Massell v. DaleyIllinois Supreme Court · 1949
  5. Huckaby v. HuckabyAppellate Court of Illinois · 1979

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