County of Cook v. Calumet & Chicago Canal & Dock Co.

Citations

• 131 Ill. 505

Syllabus

<p>1. Becobd of judgment—how far wider the control of the cowt— dwing the term, and afterward—as, in awarding a new trial in ejectment, under the statute. After the expiration of the term at which a new trial in ejectment has been awarded und er the statute, the order for the new trial will become conclusive, and the court will have no power to set such order aside, even though all the costs have not been paid.</p> <p>2. Within a year from the entry of final judgment in ejectment, the court in which such judgment was rendered, will, on application of the unsuccessful party, have jurisdiction of the persons of the parties and of the subject matter, and its finding the payment of all costs, even though erroneous, and its judgment for a new trial, will, until reversed or set aside, be conclusive .on the £>arties. During the term the new trial is awarded, the court may set the order aside, but not after the term has expired.</p> <p>3. The court may, however, amend the record of a judgment, in mere matter of form, at a subsequent term, after notice has been given to the party to be affected thereby. This applies equally to the record of a. judgment awarding a new trial in ejectment.</p> <p>4. Same—former decision distinguished. The case of Setzke v. Setzke, 121 Ill. 30, is not in conflict with the ruling here. In that case there was no hearing of evidence of the payment of costs, followed by a formal judgment granting a new trial, but the order for a new trial was-conditioned upon the payment of costs.</p> <p>5. Appeal—new trial in ejectment—under the statute. If a party is not satisfied with a judgment for a new trial in ejectment, under the statute, he should preserve the evidence heard by the court by a bill of exceptions, and then, after a final disposition of the cause, the propriety of granting the new trial, as well as all other questions, can be reviewed on appeal or error.</p> <p>6. Swamp and ovebflowed lands—rights of a county—as against pwchaser from the Unite