Stettauer v. Chicago Title & Trust Co.

Appellate Court of Illinois

Stettauer v. Chicago Title & Trust Co.

62 Ill. App. 31, 1895 Ill. App. LEXIS 371

DecidedJanuary 22, 1896

StatusPublished

This text of 62 Ill. App. 31 (Stettauer v. Chicago Title & Trust 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.

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Stettauer v. Chicago Title & Trust Co., 62 Ill. App. 31, 1895 Ill. App. LEXIS 371 (Ill. Ct. App. 1896).

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Opinion

Mr. Justice Waterman

delivered the opinion of the Court.

At the close of the term at which a final disposition of a cause is made, the jurisdiction of the court over the same is at an end; this is a most familiar rule.

The distinction between the cases cited by appellant, Templeton v. Bender, 59 Ill. App. 327, and others, is that in those the orders made were not final, so that the court lost jurisdiction over the cause; on the contrary, they were hut dispositions of matters -incidental to, or arising out of, the cause; the general proceeding still went on, and therefore the court might, up to the end, review its action as to such incidental matters.

In the present case, the order made at the December term disposed of the whole matter, leaving nothing for the court to act upon.

The County Court not being a court of general or superior jurisdiction, could not, therefore, upon bill or petition at the January term, set aside such order.

The judgment of the County Court is affirmed.

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