National Insurance v. Chamber of Commerce

Citations

• 69 Ill. 22

Syllabus

<p>1. Appeal—appeal must be taken at same term the judgment, etc., is rendered. Where a judgment is rendered by default, and at the same term a motion is made to set aside the judgment and default, and allow a defense to be put in, which motion is continued to a succeeding term, at which it is overruled, and an appeal is then prayed and allowed, it will not bring in question the propriety of the judgment entered at the preceding term, but only the order overruling the motion.</p> <p>2. Judgment—vacating at a succeeding term. After the term has expired at which a judgment is rendered, the court has no poiver to vacate the bame and allow a defense, even though amotion for the same -was entered at the same term the judgment ivas entered, and continued over.</p> <p>3. Default—assessment of damages by the court. Under sec. 40 of the Practice act of 1871-2, upon a default in an action at law, the court has full power to assess the plaintiff’s damages without a jury, unless a jury is demanded by one of the parties.</p> <p>4. Amendment—of sheriff’s return at succeeding term. The sheriff may amend his return of service upon the defendant by leave of the court after the term at which judgment or decree is rendered, upon notice to the party to he affected by it, and if the record shows that such other party is present in court at the time of granting such leave, this will dispense with the necessity of a notice.</p> <p>5. Declaration—sufficiency of, not drawn in question on a/ppeal from simple order refusing to vacate judgment. The sufficiency of a declaration to support a judgment hv default, can only arise on an appeal or writ of error to the original judgment itself, and even then this must be assigned for error. It can not arise on an appeal from a supplemental order denying a motion to vacate the judgment and allow a defense to be put in, decided at a subsequent term.</p>