Jansen v. Grimshaw

Citations

• 125 Ill. 468
• 17 N.E. 850

Syllabus

<p>1. Joint obligations—judgment against a part of the obligors, as a bar to a recovery aginst the others. A judgment against a part of several joint promisors or partners will be a bar to a subsequent recovery against one or all of the remaining joint contractors.</p> <p>2. Same—practice—where some of the defendants withdraw their pleas, the pleas of others remaining. Where two of three defendants in an action ex contractu withdraw their pleas, the proper practice is to enter their default, and it is error to enter final judgment against them until the cause is disposed of as to the third defendant, whose pleas remain in the record.</p> <p>3. Amendment of record—at a subsequent term. After the adjournment of the term of court at which a judgment is rendered, the court may, at a second term, on notice, amend the record thereof in a merely formal respect, but after the term closes, the court has no power to vacate or set aside a judgment.</p> <p>4. Removal of cause—from State to Federal court—remaining jurisdiction in the State court. Where a State court has ordered the removal of a cause pending therein to the Circuit Court of the United States, even though such order is erroneous, until the cause is remanded back the former court will have no power or jurisdiction to enter any order or judgment in the case.</p> <p>5. Same—of proceedings after remandment. Where, at the same time and in the same order, judgment is rendered against two defendants by default, the entire cause is transferred to the Circuit Court of the United States on the application of a third defendant, the State court will have no power to vacate the judgment against the two defendants until the cause is sent back from the Federal court; but a motion to vacate such judgment on the first day of the next term after the cause is remanded back, will be in apt time, although an intervening term of the State court has passed.</p> <p>6. Payment—by renewal of note. The giving of one promissory note in renew