Lowe v. Foulke

Citations

• 103 Ill. 58
• 1882 Ill. LEXIS 144

Syllabus

<p>1. Practice in the Supreme Court—entering proper judgment—in ejectment—after remittitur. Where judgment in ejectment was erroneously rendered in favor of the plaintiff for an entire tract of land, the. proof showing title to an undivided part of the premises in another person not a party, whose precise interest was not disclosed by the record, it was held, that this court could not, on appeal, allow a remittitur, and render final judgment for the recovery of the plaintiff’s interest, for the reasons that the outstanding interest was not made certain, and because the defendant was entitled to a new trial under the statute at any time within a year from the date of the judgment below, on payment of the costs.</p> <p>2. New trial—in ejectment—under the statute—applies only to the trial courts. The statute giving the unsuccessful party in an action of ejectment a right to take a new trial within one year after judgment, by paying the costs, applies only to judgments in the circuit court, 'and does not authorize the vacation of a final judgment in such a suit in this court.</p> <p>3. Presumption—as to death of a person. Where it is shown that a person was living some years before the trial of a suit, no presumption will arise, in the absence of proof, that he has since died.</p>