Vogelsang v. Fredkyn
Appellate Court of Illinois
Action commenced before justice of the peace. Appeal from the Superior Court of Cook County; the Hon. Axel Chystraus, Judge, presiding.
1Opinion of the CourtJustice Baker
Section 56 of the Practice Act gives to a party the right to move for a new trial, “during the term at which the judgment is entered.” The motion for a new trial was entered on the day that the judgment was rendered. The judgment was not a “final judgment,” in the technical sense, until that motion was determined. The motion was not disposed of until the next ensuing term, the January term, 1906. The “final judgment” was therefore entered at the January term and the appeal taken at that term brings before us, not only the order denying the motion to set aside the judgment, but the judgment…
2Cases cited8 opinions
- Ottawa, Oswego & Fox River Valley R. R. v. McMathIllinois Supreme Court · 1878
- Bunnell v. . SternNew York Court of Appeals · 1890
- Hearson v. GraudineIllinois Supreme Court · 1877
- Dilberto v. HarrisSupreme Court of Georgia · 1894
- Appleton v. WelchAppellate Terms of the Supreme Court of New York · 1897
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3Cited by5 opinions
- Price v. SanditenSupreme Court of Oklahoma · 1934
- Davis v. Bell Boy Gold Mining Co.Montana Supreme Court · 1936
- Freish v. SpauldingAppellate Court of Illinois · 1909
- McKinney v. Cosmopolitan Life InsuranceAppellate Court of Illinois · 1932
- Starnes v. Dering Coal Co.Appellate Court of Illinois · 1909