People ex rel. Bell v. Zane

Citations

• 105 Ill. 662
• 1883 Ill. LEXIS 135

Syllabus

<p>1. Mandamus —jurisdiction of Supreme Court—change of venue. This court has jurisdiction to hear and decide an application for a writ of mandamus against a circuit judge, to direct him to try a defendant for an alleged crime on a change of venue from another county.</p> <p>2. Courts—power to vacate and amend their orders and records during term. The doctrine, by the common law, is, that during the term at which any judicial act is done, the record thereof remains under the control of the court, and is subject to change by the judge, but after the term is past no alteration of the record is allowable. This rule is alike applicable to criminal and civil causes.</p> <p>3. Same—power to amend or vacate an order awarding a change of venue. The circuit court awarding a change of venue in a criminal case still has jurisdiction of the cause until the change is perfected by transfer of the original and other necessary papers in the case, and before this is done, the court, during the same term, has the rightful power to change its former order as to the county to which the cause shall be sent, or it may, if the accused so desires, vacate the order for the change of venue, and allow him to withdraw his application. • .</p> <p>4. Change op venue—reviewing proceedings had in the court awarding the change. Where a change of venue has been awarded in a criminal cause, the court to which the cause is sent can not review the proceedings in the court awarding the change, and for mere error or irregularity therein refuse to take.cognizance of the cause, when the prisoner himself makes no objection to the jurisdiction of the court.</p> <p>5. Same—conditions to the jurisdiction of the court to which the change is awarded. The court to which a cause is sent by a change of venue can not proceed, if the accused objects to its jurisdiction, until it has obtained possession of the cause,—that is, until the transcript of the record from the court making the order, and the original papers w