Dowden v. Wilson

Citations

• 108 Ill. 257
• 1884 Ill. LEXIS 1473

Syllabus

<p>•1. Pbactice—remedy of party aggrieved by a decree in vacation. Where a cause is taken under advisement by the court-, and a decree, order or judgment therein entered of reeord in vacation, under sec. 30, chap. 37, Eev. Stat. 1874, the party objecting thereto should, on or before the second day of the next succeeding term of the court, enter a motion, on notice to the opposite party, to set aside or modify the same, and if not so set aside or modified it becomes final. This statute, by having prescribed a mode of practice in such a case, must be treated as excluding any other. Therefore, a motion made to the judge in vacation to set aside a decree so entered is not allowed.</p> <p>2. Same—entering decree as of the term the cause is submitted. Sec. 31, chap. 37, Eev. Stat. 1874, requires the consent of the parties appealing of record to authorize a decree rendered in vacation to be entered as of the term at which the cause is submitted, and where the record shows no such consent, the party objecting will not be deprived of his right to apply to the court by the second day of the next term for a new hearing, under section 30, chapter 37.</p> <p>3. Evidence—secondary—certified copies of depositions on destruction of originals. Where depositions taken in a cause were destroyed by fire, and in a second suit, in which the parties and subject matter are identical with the first, an agreement was made to admit the transcript of the record of the first suit filed in the Supreme Court, as evidence, which, on application, was not allowed to be withdrawn, it was held, that copies of depositions of a party in the former suit, duly certified by the clerk of the Supreme Court, were competent evidence on the hearing of the second suit, and proper to be considered.</p> <p>4. EaixjTJBE op consideeation—sale of patent—evidence must establish defence. Where a defence is interposed to the foreclosure of a mortgage given to secure notes given for the sale of a patent for a wagon brake