Becker v. Sauter

Citations

• 89 Ill. 596

Syllabus

<p>1. Judgment—power over at subsequent term. During the term at which a judgment or decree is rendered, the court has control over the record, and, for cause appearing, may amend its judgments, orders or decrees, or set them-aside, but after the term has expired, it has no power to make any substantial amendment or set them aside.</p> <p>2. Same—vacating order for new trial at subsequent term. Where the court, by its order, finds that all the costs have been paid in an action of ejectment, and awards a new trial under the statute, it can not, at a subsequent term, review its decision, and set aside such order upon the ground the costs have not been paid.</p> <p>3. Error—in granting a new trial in ejectment, under the statute. Where a new trial is granted in ejectment, under the statute, upon a state of facts which does not authorize such action, it seems, upon the final disposition of the case, the decision granting the new trial may be reversed on error.</p>