Stevens v. Coffeen

Citations

• 39 Ill. 148

Syllabus

<p>1. Practice in chancery—duty of successful party to prepare the decree. Where the minutes of the judge afford sufficient data, it is the duty of the solicitor of the party in whose favor a decree in chancery is pronounced, to write out the decree in proper form, and submit it to the court for its approval, and furnish it to the clerk to be entered of record.</p> <p>2. If such duty be neglected, the party has no right to complain or to claim indulgence by reason of the decree not being entered at the term it was pronounced ; and if the decree should be entered of record at a subsequent term, nunc pro tunc, it seems he would be bound by its terms the same as though it had been entered at the proper time, although by lapse of time some of his rights may thereby be cut off.</p> <p>3. Same—what is a sufficient entry for a decree on hill to redeem. On a bill to redeem from a deed absolute on its face, but alleged to be simply a mortgage, a decree in favor of the complainant should find the precise amount due to the defendant; and where the minutes of the judg^ omit to specify that amount, they do not afford sufficient data to enable the complainant’s solicitor to draw up the decree.</p> <p>4. Same—entering decree nunc pro tunc—time for payment of money on decree to redeem. On a bill to redeem from a mortgage, the court pronounced a decree in favor of the redemption, and directed the amount due to defendant, without specifying what that amount was, to be paid by the first day of the next term ; this decree, however, was not entered of record at the term it was pronounced, but was only entered in the minutes of the judge. At the next term a decree to the same effect, but finding the amount due, was entered of record nunc pro tunc; and, at the same time, the court, finding the fact that the money had not been paid within the time prescribed in the decree as pronounced at the former term, dismissed the bill. This was error. The minutes of the judge at the first term being