Blair v. Reading

Citations

• 99 Ill. 600
• 1881 Ill. LEXIS 216

Syllabus

<p>1. Assignment oe error — when sufficiently definite. An assignment of error in a chancery suit, that “ the records and proceedings are otherwise uncertain, unjust and illegal,” is sufficiently definite to present for consideration objections to the decree and proceedings touching their legality and regularity.</p> <p>2. Chancery praotice — powers on hearing in vacation. The chancellor on a hearing at chambers in vacation can exercise no judicial function. Where 'there is an agreement that the cause may be heard at chambers in vacation, the chancellor can make no order in the ease that will hind the parties, as a judicial act or otherwise, without their assent, and which is not strictly in pursuance of their agreement, if at. all.</p> <p>3. An agreement for a hearing in vacation is voluntary, and can not in any view become binding upon the parties, except so far as it is executed with their assent, and in strict conformity with its terms. The judge is powerless to enter any order in vacation in any manner changing the status of the case, and such power can not be conferred by mere agreement of the parties.</p> <p>4. A judge, upon a hearing at chambers in vacation, has no power to entertain an application to dismiss the bill as to a particular defendant, nor to require the complainant to answer a cross-bill filed since the last term, nor to pass upon the sufficiency of the answer to such hill, and enter a decree pro eonfesso on neglect to file further answer instanier.</p> <p>5. It is a fundamental principle that courts can exercise judicial functions only at such times and places as are fixed by law, and that the judges of courts can enter no orders in vacation except such as are expressly authorized by statute.</p> <p>6. Same — error to render decree without hearing. It is clearly error to render a decree on the merits in a chancery suit at issue by the pleadings without any hearing or submission; and where the only hearing was in vacation, if that is illegal and