Ayer v. City of Chicago

Citations

• 149 Ill. 262
• 37 N.E. 57

Syllabus

<p>1. Judgment—amending after adjournment of term. It is a well settled rule that after a term has expired a court has no authority to set aside a judgment, orto amend it except in matters of form and for the purpose of correcting clerical errors. It is also a general rule that amendments of the record will not be allowed after the close of the term at which the record was made, unless there are some memoranda, minutes or notes of the judge, or something appearing on the records or files to amend by, and notice should be given of an amendment in a matter o.f form.</p> <p>2. Same—void for want of jurisdiction. Where an order allowing a material amendment in the record is entered at a subsequent term without notice to the adverse party, the court entering such order is without jurisdiction) and such order can be assailed in a collateral as well as in a direct proceeding.</p> <p>3. Eminent domain—when judgment is final. A judgment of condemnation of land for public use is conditional, as not working a condemnation until the compensation awarded is paid', and the municipality prosecuting the proceeding has a right to abandon the improvement. But the judgment of condemnation is a final one as to the amount of the compensation awarded, unless appealed from.</p> <p>4. Same—amending record—after expiration of the term. The act of 1891, amending section 53 of article 9'of the City and Village act, which authorizes the dismissal of a proceeding to condemn when the compensation awarded is not paid within two years, does not authorize the alteration or amendment of the record after the expiration of the term at which it was rendered.</p> <p>5. The verdict of the jury in a condemnation proceeding can not be changed, in the absence of the jury, after their discharge, and after the expiration of the term at which their verdict was rendered. The general rule is, that if the jury has been allowed to finally separate, the jurors can not be again re-assembled an,d their verdict correc