Fish Furniture Co. v. Jenkins

Appellate Court of Illinois

Fish Furniture Co. v. Jenkins

82 Ill. App. 551, 1898 Ill. App. LEXIS 701

DecidedMay 8, 1899

StatusPublished

This text of 82 Ill. App. 551 (Fish Furniture Co. v. Jenkins) 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.

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Fish Furniture Co. v. Jenkins, 82 Ill. App. 551, 1898 Ill. App. LEXIS 701 (Ill. Ct. App. 1899).

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Opinion

Me. Justice Seaes

delivered the opinion of the court.

The judgment entered by the County Court on December 20, 1897, is final, and has not been affected by any of the orders entered subsequent to that time. This judgment was of the December term, and the order of January 15, 1898, which purported to vacate it, was of the January term. Mo motion to vacate was entered of the December term.

There is no showing of any matter which would be ground of error coram nobis. Consequently the order of January 15, 1898, was inoperative, and the various orders entered subsequent thereto are of no effect. There being two judgments of record in the cause, one of which is valid, viz., the judgment of December, 1897, and the other of which is invalid and a nullity, viz., the judgment of April 2, 1898, it follows that the court should, upon motion of appellant, have eliminated the latter and void judgment from the record, and it should also eliminate from the record all of the void orders entered subsequent to the final judgment of December 20, 1897. Keeler v. The People, 160 Ill. 179.

The judgment entered as of April 2, 1898, is reversed and the cause remanded, with directions to eliminate from the record all of the orders above considered which are subsequent to the judgment of December 20, 1897. Reversed and remanded with directions.

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Me. Justice Seaes

delivered the opinion of the court.

The judgment entered by the County Court on December 20, 1897, is final, and has not been affected by any of the orders entered subsequent to that time. This judgment was of the December term, and the order of January 15, 1898, which purported to vacate it, was of the January term. Mo motion to vacate was entered of the December term.

There is no showing of any matter which would be ground of error coram nobis. Consequently the order of January 15, 1898, was inoperative, and the various orders entered subsequent thereto are of no effect. There being two judgments of record in the cause, one of which is valid, viz., the judgment of December, 1897, and the other of which is invalid and a nullity, viz., the judgment of April 2, 1898, it follows that the court should, upon motion of appellant, have eliminated the latter and void judgment from the record, and it should also eliminate from the record all of the void orders entered subsequent to the final judgment of December 20, 1897. Keeler v. The People, 160 Ill. 179.

The judgment entered as of April 2, 1898, is reversed and the cause remanded, with directions to eliminate from the record all of the orders above considered which are subsequent to the judgment of December 20, 1897. Reversed and remanded with directions.

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82 Ill. App. 551, 1898 Ill. App. LEXIS 701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fish-furniture-co-v-jenkins-illappct-1899.

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