Estate of La Page v. Devine

Appellate Court of Illinois

Estate of La Page v. Devine

195 Ill. App. 140, 1915 Ill. App. LEXIS 242

CourtAppellate Court of Illinois

DecidedOctober 6, 1915

DocketGen. No. 20,916

StatusPublished

This text of 195 Ill. App. 140 (Estate of La Page v. Devine) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Estate of La Page v. Devine, 195 Ill. App. 140, 1915 Ill. App. LEXIS 242 (Ill. Ct. App. 1915).

Pincite

Opinion

Mr. Justice Fitch

delivered the opinion of the court.

Abstract of the Decision. 1. Courts, § 31*—what is effect of rule of court. A rule of the Circuit Court requiring notice of a motion to be served upon the opposite party or his attorney of record, “before 4 p. m. of the business day next preceding the day mentioned in the notice for calling up, either personally or by leaving a copy thereof at his office with some person in charge thereof on his behalf,” plainly provides that service is sufficient if a copy of the notice is left in apt time with some employee in charge of the office of the attorney to whom the notice is directed. 2. Judgment, § 272*—when motion in nature of error coram noltis is not mailahle. A decision of the Circuit Court construing one of its rules, if erroneous, is erroneous as to an error of law, and such decision cannot be corrected upon a motion in the nature of a writ of error coram nohis. 3. Courts, § 34*—what is attorney’s duty as to rules of court. Attorneys at law are bound to take notice of the rules of court. 4. Judgment, § 236*—when judgment should he entered. The practice of entering a final judgment or decree on the last day of the term, in the absence of council, is not to be commended, but a judgment so entered is not for that reason alone erroneous.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Justice Fitch

delivered the opinion of the court.

Abstract of the Decision. 1. Courts, § 31*—what is effect of rule of court. A rule of the Circuit Court requiring notice of a motion to be served upon the opposite party or his attorney of record, “before 4 p. m. of the business day next preceding the day mentioned in the notice for calling up, either personally or by leaving a copy thereof at his office with some person in charge thereof on his behalf,” plainly provides that service is sufficient if a copy of the notice is left in apt time with some employee in charge of the office of the attorney to whom the notice is directed. 2. Judgment, § 272*—when motion in nature of error coram noltis is not mailahle. A decision of the Circuit Court construing one of its rules, if erroneous, is erroneous as to an error of law, and such decision cannot be corrected upon a motion in the nature of a writ of error coram nohis. 3. Courts, § 34*—what is attorney’s duty as to rules of court. Attorneys at law are bound to take notice of the rules of court. 4. Judgment, § 236*—when judgment should he entered. The practice of entering a final judgment or decree on the last day of the term, in the absence of council, is not to be commended, but a judgment so entered is not for that reason alone erroneous.

Cite This Page — Counsel Stack

Bluebook (online)

195 Ill. App. 140, 1915 Ill. App. LEXIS 242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-la-page-v-devine-illappct-1915.