Dunham v. South Park Commissioners

Citations

• 87 Ill. 185

Syllabus

<p>1. Appearance—as a waiver of notice. Where a party appears and opposes a motion to amend the record of a cause without objection to the manner or sufficiency of the notice to him, he can not be allowed to urge the want of proper notice as a ground of error in the proceedings.</p> <p>2. Amendment—of record after the term. An amendment of the record of a cause, so as to make the placita show that only one judge presided at the trial of a case instead of the five judges in Cook county, is not a material or substantial one, and may be made after the close of the term, on proper notice. Such an amendment has no relation to the merits of the action or any finding or judgment of the court, and goes only to the form.</p> <p>3. While a cause is pending and the parties in court, the record and proceedings are under the control of the court, and all entries and orders may be changed or set aside at the term they are made, but after the term the power of the court over the record is confined to errors and misprisions of the clerk or other officers, and these may be corrected at any time on notice, and saving all intervening rights.</p> <p>4. Same—after supersedeas on error. The suing out of a writ of error and making the same a supersedeas, is no obstacle to the amendment of a record in a matter of form, and the error assigned may be obviated by such amendment.</p> <p>5. Same—without anything in record to amend by. The judge who tried a cause may allow an amendment' of the record to show that he alone presided at the trial, even though there is nothing appearing by which to amend. It may be allowed on the judge’s own personal knowledge of the fact.</p>