Reynertson v. Central Lumber Co.

Appellate Court of Illinois

Reynertson v. Central Lumber Co.

69 Ill. App. 131, 1896 Ill. App. LEXIS 294

CourtAppellate Court of Illinois

DecidedMarch 8, 1897

StatusPublished

Cited by1 cases

This text of 69 Ill. App. 131 (Reynertson v. Central Lumber Co.) 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

Reynertson v. Central Lumber Co., 69 Ill. App. 131, 1896 Ill. App. LEXIS 294 (Ill. Ct. App. 1897).

Pincite

Opinion

Mr. Justice Gary

delivered the opinion of the Court.

This is an appeal from an order denying a motion made in July, 1896, to vacate and set aside a judgment by confession, entered in April, 1896, because it was entered without authority. That it was entered without authority seems to be true; but that it was entered for a bona fide debt, three months overdue, seems also true. In such cases, irregularities meet but little consideration. Packer v. Roberts, 140 Ill. 9; Farwell v. Huston, 151 Ill. 239. And after the term at which judgment was entered has expired, the judgment is secure from attack therefor.

It is only for equitable reasons that the court in which the judgment is rendered can disturb it at another term; Knox v. Winsted Bk., 57 Ill. 330; and it is only from an order denying a motion to vacate that appeal or writ of error will lie. Werkmeister v. Beaumont, 46 Ill. App. 359.

A court can not commit error in denying a motion it has no authority to grant.

The judgment is affirmed.

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

Mr. Justice Gary

delivered the opinion of the Court.

This is an appeal from an order denying a motion made in July, 1896, to vacate and set aside a judgment by confession, entered in April, 1896, because it was entered without authority. That it was entered without authority seems to be true; but that it was entered for a bona fide debt, three months overdue, seems also true. In such cases, irregularities meet but little consideration. Packer v. Roberts, 140 Ill. 9; Farwell v. Huston, 151 Ill. 239. And after the term at which judgment was entered has expired, the judgment is secure from attack therefor.

It is only for equitable reasons that the court in which the judgment is rendered can disturb it at another term; Knox v. Winsted Bk., 57 Ill. 330; and it is only from an order denying a motion to vacate that appeal or writ of error will lie. Werkmeister v. Beaumont, 46 Ill. App. 359.

A court can not commit error in denying a motion it has no authority to grant.

The judgment is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

69 Ill. App. 131, 1896 Ill. App. LEXIS 294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reynertson-v-central-lumber-co-illappct-1897.

Opinion

Related

Cite This Page — Counsel Stack