Conkling v. Nicholas H. Ridgely & Co.

Citations

• 112 Ill. 36
• 1 N.E. 261

Syllabus

<p>1. Confession of judgments in vacation—what is a “vacation,” within the meaning of section 66 of the Practice act. Where a circuit court adjourned over for thirty-two days, it was held that the period intervening in which the court did not sit and transact business was to be regarded as vacation, within the meaning of that word in section 66 of the Practice act, authorizing judgments by confession in vacation. But the word is not to be understood as embracing all the time the court is not actually in session, or as embracing the time of an adjournment from day to day.</p> <p>2. Same—by whom the entry may be made—powers of the judge. The judge of a circuit court has no power to make an order for the entry of a judgment by confession in vacation.' Nor does the statute authorizing judgments to be confessed in vacation, in terms authorize the clerk of the court to enter them upon the record, but by necessary implication it confers the power.</p> <p>3. Same—entry of judgment, whether a judicial act. The entry of a judgment by confession in vacation, by the clerk of the court, is not a judicial act, though the statute gives such judgment the same force and effect as judgments entered in term time.</p> <p>4. Terms of court—their duration—power of the judges. Section 18 bf the act of February 22,1872, confers upon circuit courts, when in session, the power to adjourn to any day not beyond the first day of the next term fixed by law; and the effect of the legislation now in force is to change the former law in respect to the peremptory adjournments made necessary by the laws before in force, and to leave the duration of the terms of the courts practically at the discretion of the judges.</p> <p>5. Construction of statutes—remedial. In construing a remedial statute, the courts should consider the old law, the mischief, and the remedy; and the new act should be so construed, if it can fairly be done, as to suppress the mischief in the old law and advance the remedy.</p>