Hoagland v. Creed

Citations

• 81 Ill. 506

Syllabus

<p>1. Judge—•member of ban' can not act as such. A member of the bar can not sit and try a cause in the circuit court, as judge, where he has no color of right to the office, even by agreement of the parties, and if he does, the judgment pronounced by Mm will be a nullity.</p> <p>2. Writ of error—to reverse a void judgment. Where a judgment is.a nullity, as, where the person presiding and tiding the case is not a judge, either de jure or defacto, this court will not entertain a writ of error to reverse the same.</p> <p>3. Judicial power—can not be conferred by consent. Parties to a suit can no more empower any individual other than a judge of the court to exercise its powers, than they can confer jurisdiction of the subject matter upon a court by consent.</p>