Lill v. Stookey

Citations

• 72 Ill. 495

Syllabus

<p>1. Amendment of record at a subsequent term of court. After the expiration of a term of court at which a judgment has been rendered, the same court that rendered the judgment has no supervisory power over it at a subsequent term, except to correct it in mere matter of form, on notice to the opposite party.</p> <p>2. Same—writ of retorno hdbendo can not be awarded, at a subsequent term after judgment for costs only in a replevin suit. When a replevin suit is dismissed for want of a declaration, and a judgment rendered against the plaintiff for costs, the court rendering the judgment can not, at a subsequent term, upon notice to the plaintiff that a writ of retorno hdbendo will be applied for, so amend the record as to find the property in question in the defendant, and determine that he recover it from the plaintiff, and order a writ for its return.</p> <p>3. The fact that the court, at the time of dismissing a replevin suit, has the right to award a writ of retorno hdbendo, but fails lo do so, does not authorize it to sit in review of its own judgment at a subsequent term, and then enter a judgment, which should have been entered in the first instance, finding the property in the defendant and awarding a writ for its return to him.</p>