Setzke v. Setzke

Citations

• 121 Ill. 30
• 11 N.E. 915

Syllabus

<p>1. New triad in ejectment—condition to new trial under the statute. The right of a party to a new trial in ejectment, under the statute, depends-upon his payment of all the costs.</p> <p>2. Same—vacating order for new trial at a subsequent term. An order granting a new trial in ejectment, under the statute, upon the payment of the costs, is interlocutory, and not final; and when the costs are not paid within the year, the court may, at a succeeding term, vacate such order and strike the case from the docket.</p> <p>. 3. Same—evidence of non-payment of costs. On a motion to vacate an order for a new trial in ejectment, granted under the statute, for the failure of the party to pay the costs, no other evidence on the question is necessary than the records of the court.</p>