Hansen v. Schlesinger

Citations

• 125 Ill. 230
• 17 N.E. 718

Syllabus

<p>1. Amendments—as to record of a judgment—verity of record. Where the record shows the entry of judgment by confession in open court, the game will not be amended or changed on the motion of the defendants in the judgment, on affidavits, so as to show the judgment was not in fact entered in open court.</p> <p>2. Where the record showed that the court convened for the term on June 7, 1886, and continued in session until after the 17th of the same month, on which last named day a judgment was entered by confession, but failed to show at what hour on that day the court resumed its session, it was held, that it would be presumed the court took the usual recess from one day to the next, and over Sundays, and that it was in session when the judgment was confessed, and that this presumption could not be contradicted by affidavit showing the court did not open before ten o’clock, and that the judgment was in fact entered before that hour, upon the direction of the judge made “outside of the court room.”</p> <p>3. The theory of the law is, that during the term of a court all proceedings rest in the breast of the judge, and he can amend the record according to the facts within his own knowledge.</p> <p>4. It can not be shown by parol evidence that a judgment was in fact rendered at an hour earlier than the time appointed for the convening of the court, simply by an order of the judge “at chambers,” in opposition to the record to the contrary.</p> <p>5. Judgment by confession—setting aside for cause—attorney exceeding his powers. A judgment entered in term time upon cognovit will not be set aside at the same term, on motion, and the execution thereon quashed, except upon some equitable ground shown. The fact that the attorney confessing the same exceeded his power by waiving the defendant’s right to an appeal or writ of error, will not furnish ground for setting the same aside, when the defendant in fact has the benefit of a writ of error.</p> <p>6. Same—presumptions. Where