Blatchford v. Newberry

Citations

• 100 Ill. 484

Syllabus

<p>. 1. Practice in the Supreme Court—setting aside a judgment and ordering a rehearing in vacation—construction of the act of February 18, 1859. The act of 1859, (sec. 15, ch. 37, Rev. Stat. 1874,) providing that “whenever any judgment shall have been rendered in the Supreme Court which, upon further consideration, is found to have been erroneously entered up, the judges thereof are authorized, during vacation, to change the same without ordering a rehearing thereof, by entering a proper judgment in said cause,” does not authorize the Supreme Court, in vacation, to set aside.a judgment previously entered, and to order a rehearing of the cause, where the judgment so entered was in conformity with the judgment which the court had rendered in the cause, and such as the court intended at the time should be entered. The statute applies only to cases where the actual judgment of the court has not been correctly “entered up” by the clerk. In acting under the statute, the inquiry is not whether the judgment as rendered or determined upon by the court was a correct judgmeiit, but whether the judgment as rendered is “found to have been erroneously entered up.”</p> <p>2. Same—ordering a rehearing after a term has intervened. A cause on appeal from a decree in chancery was submitted to this court at the January term, 1878, and the opinion of the court, reversing the decree and remanding the cause, was filed on the 24th of June, 1878, and a judgment was entered accordingly. On petition of the appellees, presented at the January term, 1879, (the first term of the court after the entry of the judgment,) a rehearing was granted at the January term, 1880, and on the 2d of February, 1880, the original opinion, directing a reversal of the decree, was again approved and filed, and the same judgment was again entered in the cause. At the January term, 1881, (the June term, 1880, having intervened,) the appellees asked the court, of its own motion, to set aside the judgment entered on t