Legal Opinion

Schmidt v. Thomas

Appellate Court of Illinois

Decided May 8, 1889PublishedCited by 3 opinions

In eeeoe to the Circuit Court of Cook County ; the Hou. Biohaed S. Tuthill, Judge, presiding.

1Opinion of the CourtGary, J.

The judgment complained of was by default and entered at the October term, 1888, and the motion to set it aside was made at the Hovember term, 1888.

The Circuit Court could not grant the motion made at a term subsequent to the term at which the judgment was entered, for any error of law apparent on the record. Such a motion is by statute, (Sec. 66, Practice) a substitute for tbe common law writ of error coram, nobis, on which the court could not correct its own error in law. 2 Tidd Pr. 1137, and notes; Knox v. Winsted Bk., 57 Ill. 330; Becker v. Sauter, 89 Ill. 596; Lili v. Stookey, 72 Ill.…

2Cases cited9 opinions

  1. Skelton v. SackettSupreme Court of Missouri · 1886
  2. Hammond v. People ex rel. VacaroIllinois Supreme Court · 1863
  3. Fix v. QuinnIllinois Supreme Court · 1874
  4. Knox v. Winsted Savings BankIllinois Supreme Court · 1870
  5. Becker v. SauterIllinois Supreme Court · 1878

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Ohio Millers Mutual Insurance v. Inter-Insurance Exchange of the Illinois Automobile ClubIllinois Supreme Court · 1937
  2. Goodkind v. BartlettIllinois Supreme Court · 1894
  3. Rock v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Appellate Court of Illinois · 1928

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