Gillett v. Booth

Citations

• 95 Ill. 183
• 1880 Ill. LEXIS 166

Syllabus

<p>1. Amendment—of record at subsequent term. The record of a judgment, decree or order in a cause may be amended at any time, even at a subsequent term, by the judge’s minutes, when the opposite party is in court, or has had due notice, saving intervening rights of third persons, so as to make the record conform to the decision or ruling made at the time.</p> <p>2. Where an order dissolving an injunction, and assessing damages and dismissing a bill, was at the same term set aside, which was shown by the judge’s minutes and the clerk’s entry, although a line was drawn across the order, both in the clerk’s entry and the judge’s minutes, and the record showed that the cause was continued at the same term at the complainant’s costs, and that various subsequent proceedings were had as though the cause was still pending, and the judge and clerk both testified, without objection, that the erasure was not made by them, it was held error to refuse a motion to amend the record by showing the vacation of the original decree and opening the case.</p> <p>3. The fact that a line has been drawn across the minutes of the judge and clerk, showing the vacation of a decree, is not conclusive evidence that the order evidenced by them has been revoked. It affords prima facie evidence to that effect, but nothing more.</p> <p>4. Witness—judge or clerk as to genuineness of minutes. A judge or the clerk of a court making minutes of an order is a competent witness to prove or disprove the same whenever their genuineness is questioned. It may be proved that what purports to be a minute of a judge or clerk in a case is not, in fact, his minute, and upon the same principle it can be proved by him that marks of cancellation or erasure over the minute were not made by him.</p> <p>5. Minutes—how proved. Minutes of a judge or clerk must ordinarily be proved by the production of the proper docket, and showing by inspection that there is a minute, and it can not be explained or enlarged by parol evi