Austin v. Dufour

Citations

• 110 Ill. 85

Syllabus

<p>1. Practice—after reversal and remanding order. It either party desires to prosecute a case further, when there has been a reversal and remanding order by an appellate court, he must file a transcript of the reversal and remanding order in the trial court within two years from the date of such remanding order. If this is not done the cause will be deemed as abandoned.</p> <p>2. Same—jurisdiction, how acquired after reversal. By the filing of the transcript of the reversal of a judgment and remanding order in the trial court, that court obtains jurisdiction of the subject matter of the suit. But before any steps can be taken in the cause, the court must also obtain jurisdiction over the person of the adverse party, and this, in the absence of a voluntary appearance, can only be done by giving the notice required by section 84 of the Practice act.</p> <p>3. If, on the filing of such transcript in the trial court, the adverse party appears voluntarily, and submits himself to the jurisdiction of the court, this will obviate the necessity of notice to him, and it will be too late after such appearance to object to the want of service. Neither will such party so appearing be allowed to say that in appearing he supposed it was to a new suit.</p> <p>4. Appearance—binds party to notice of all that is in the record. One who, in the absence of fraud or imposition, by a voluntary appearance makes himself a party to a cause, is conclusively presumed to have notice of everything that appears of record in such suit.</p>