Goucher v. Patterson

Citations

• 94 Ill. 525

Syllabus

<p>1. Amendment—of record at succeeding term. After the expiration of the term at which a judgment is rendered, as a general rule, the court has no power over the judgment, except to amend it in matters of form or to correct clerical errors.</p> <p>2. During the term at which a judgment is rendered, the court has control over the record, and for a sufficient cause appearing, may amend its judgments and decrees or vacate and set them aside, but when the term is ended, the judgment entered, and the case goes off the docket, that power ceases and an amendment of a substantial character can not be made.</p> <p>3. Same—after term, closes affidavits can not be received to impeach or alter the record. After the close of a term at which a judgment is rendered, its absolute verity can not be overcome or even attacked by affidavit.</p> <p>4. Error—when no ground of reversal. It is a familiar rule that an error which does no harm is not a sufficient ground to reverse a judgment. Thus, where an order was made referring a cause to an attorney for trial, and after-wards at the saíne term the parties waived a jury and submitted the cause to the court for trial, who heard the evidence and rendered a judgment for the plaintiff, it was held, that if the order of reference was erroneous, it worked no injury and afforded no ground of reversal.</p>